In the High Court of Punjab & Haryana at Chandigarh FAO No. M-133 of 2010 (O&M) Durga Dass ... Appellant vs Santosh @ Toshi .... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. A. K. Singh Goyat, Advocate, for the appellant. Mr. R. S. Randhawa, Advocate, for the respondent. Rajesh Bindal J. On 1.4.2010, this court passed the following order:- Learned counsel for the appellant submitted that his defence was struck off by learned trial Court on account of non payment of interim maintenance fixed which he could not pay on account of financial difficulty. Now he is ready and willing to pay the amount of arrears of maintenance as on today which comes out to Rs. 19,000/- along with Rs. 11,000/- on account of litigation expenses in this Court, on the next date of hearing. Notice of motion for 20.5.2010.” Today learned counsel for the appellant submitted that the appellant is not in a position to pay any amount. As notice of motion in the present case was issued on the statement that the appellant is ready and willing to pay the amount of arrears of maintenance and in terms of that the amount is not being paid, the present appeal is dismissed. However, the same shall be subject to payment of Rs. 11,000/- which was fixed on account of litigation expenses in this court as the service of the respondent in the present appeal is complete and the respondent is represented by a counsel. As the appeal is dismissed, consequently the application for condonation of delay is also dismissed. 20.5.2010 ( Rajesh Bindal) vs. Judge