1 ca 10252.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10252 OF 2010 IN WRIT PETITION NO. 3828 OF 2009 Mrs. Smita Vaibhav Mulay .. Applicant Versus The Union of India and others .. Respondents Shri S. V. Adwant, Advocate for the Applicant. Shri P. B. Vikhe Patil, Advocate for the Respondent No. 2. CORAM : S. S. SHINDE & K. U. CHANDIWAL, JJ. DATE : 01ST MARCH, 2011. PER COURT : . This application is filed by the original writ petitioner in Writ Petition No. 3828/2009 with following prayers : A. Civil Application be allowed. B. The payment by the applicant's husband under cheque No. 0005151 dated 15.07.2010, drawn on Nagar Urban Co-operative Bank Ltd. be treated as a compliance of the order of the Hon'ble Court dated 26.02.2010. 2 ca 10252.10 C. The delay caused in complying with the order of this Hon'ble Court be condoned for the reasons stated hereinabove and the amount which would be paid under the cheque be treated as payment towards the compliance of the court order. D. The order of dismissal of the petition, passed in Writ Petition No. 3828/2009, be recalled and the matter be restored to its original shape by conferring the protection granted by the Hon'ble Court while passing the order on 26.02.2010. E. Any other equitable relief, to which the applicant is found to be entitled in the circumstances of the case, be granted and oblige. 2. The counsel for the applicant submits that, by cheque No. 0005151 dated 15.07.2010, drawn on Nagar Urban Co-operative Bank Ltd, he has deposited amount of Rs. 7,00,000/- (Rs. Seven Lakh only). He further makes statement that, he has further deposited Rs. 4,16,712/- today. The above statement of the counsel for the applicant is not disputed by the learned counsel for the respondent No. 2. It is admitted position that as on today the applicant has deposited total amount of Rs. 11,16,712/-. In the aforesaid background, the counsel for the applicant submits that, this Court may allow this application in terms of prayer clause "C" and "D" of the civil application. 3 ca 10252.10 3. On the other hand, learned counsel for the respondent relying on the bank statement submitted that, as on 28.02.2011 the total outstanding amount is Rs. 15,88,690/-. However, he fairly admits that, today the applicant has deposited Rs. 4,16,712/-. Therefore, if the amount deposited today is reduced from the amount already paid in that case balance amount is near about Rs. 11,71,978/- as on 28.02.2011. 4. After perusal of contents of the application, we are satisfied that the delay in depositing the amount is satisfactorily explained by the applicant. However, we feel it appropriate to award some cost to the applicant so as to meet the expenditure of the respondent for appearance in this application. The counsel for the applicant has no objection for depositing Rs. 10,000/- as cost. The application is allowed in terms of prayer clause "C" and "D". The order is recalled. The matter is restored to original position with the same protection dated 26.02.2010. The cost to be deposited directly with the bank within a week from today. Failure the benefit extended today shall stand terminated. [ K. U. CHANDIWAL, J.] [ S. S. SHINDE, J.] bsb/March 11