1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3835 OF 2008 (M/s. Tex Craft Industries vs. Dr. Panjabrao Deshmukh Urban Coop. Bank Ltd. & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. NOVEMBER 11, 2008. Heard finally by consent of Shri Saboo, learned counsel for the petitioner and Shri Kilor, learned counsel for the respondents. The matter was being adjourned from time to time to find out whether the petitioner can be given opportunity to argue the appeal on merits by condoning delay. However, because of vast difference in the amount alleged to be recoverable by the petitioner and is being claimed as due by the respondents, the orders could not be passed. According to the petitioner, total amount recoverable from him is Rs.4,44,883/- along with interest. According to the respondents, the said amount along with interest is Rs.12,14,883/-. However, yesterday, Shri Saboo, learned counsel has filed a pursis on record mentioning that amount of Rs.90,000/- is already paid by him towards the outstanding amount and in order to 2 show his bonafides, the petitioner will deposit with the respondent Rs.50,000/- within one week from the date of order of this Court and additional amount of Rs.1,50,000/- within eight weeks thereafter. The proposal as put forth by the petitioner was passed by Shri Kilor, learned counsel and therefore, the matter came to be adjourned to today. Upon instructions, Shri Saboo, learned counsel for the petitioner, states that the petitioner can arrange to pay additional amount of Rs.1,00,000/- by 15.3.2009. Shri Kilor, learned counsel is not accepting the payments at all and he states that this Court should not interfere in the matter. However, considering the fact that there is some dispute about the quantum of amount between the parties and also production of doctor's certificate by petitioner before the Cooperative Appellate Court, I am inclined to condone delay as the petitioner has sufficiently established his bonafides by offering the payments as mentioned above. Thus, the impugned order dated 24.7.2008 passed by the Maharashtra State Cooperative Appellate Court, Nagpur Bench, Nagpur, in Misc. Application (C.D.) No. 3 of 2008 is 3 quashed and set aside subject to petitioner depositing with the respondents amount of Rs.50,000/- within one week from today and further amount of Rs.1,50,000/- with respondent within eight weeks thereafter i.e. nine weeks from today. Similarly, the petitioner shall deposit additional amount of Rs.1,00,000/- with the respondents by 15.3.2009. If all these amounts as mentioned above are deposited, the Cooperative Appellate Court shall register the appeal filed by present petitioner against the judgment and order dated 30.08.2005 in Dispute No.574 of 1997. If the amounts as mentioned above are not deposited, the order refusing to condone delay, impugned in this writ petition shall revive. If the amount as mentioned above is deposited by 15.3.2009, the Cooperative Appellate Court shall decide the appeal itself on merits as early as possible and in any case by 31.12.2009. Subject to above arrangement, writ petition is allowed. However, in the circumstances of the case, there shall be no order as to costs. JUDGE *GS.