1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION O. NO.1116/2010 IN MISC. CIVIL APPLICATION ST. NO.4578/2010 IN SECOND APPEAL ST. NO.8714/2009 (REG. S.A. 534/2009) Gangadhar Khusalrao Wankhede ...Versus... Suryabhan Baliramji Paul --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------- [Shri Pathak, Adv. h/f Shri R.S. Kurekar, Adv. for applicant] CORAM:- A.B. CHAUDHARI, J. DATED :- 23.11.2010 This is an application for condonation of delay in filing application for recalling the order dated 12.11.2009. In view of the fact that though served respondent did not appear when order dated 30.09.2009 was passed condoning the delay, subject to payment of costs of Rs.5,000/- payable by the applicant, it is not now necessary to issue notice to the respondent on the present application. Delay of 86 days has been properly explained in the application and good and sufficient reasons exist for condoning the delay. Hence, civil application is allowed in terms of its prayer clause – (1). Civil Application stands disposed of. 2 MISC. CIVIL APPLICATION ST. NO.4578/2010 This is an application for recalling the order dated 12.11.2009 dismissing the Civil Application No.524/2009. Heard on Civil Application No.524/2009 in Misc. Civil Application St. No.4578/2010. This Court had issued notice to the contesting respondent, who was served, but did not appear to contest the said application for condonation of delay. As a result, this Court made an order on 30.09.2009, condoning the delay, subject to payment of costs of Rs.5,000/- and accordingly the said Civil Application No.524/2009 was disposed of. However, the applicant failed to deposit the costs of Rs.5,000/- in terms of the said order, which was reflected in the office note. Having seen the said office note, this Court made an order on 12.11.2009, recalling the order of condonation of delay since the costs of Rs.5,000/- as ordered, was not paid and consequently, the said Civil Application No.524/2009 was dismissed. Now by the present application, the applicant has made solemn statement that he is ready to deposit the said amount of Rs.5,000/- within a period of three days, but his cause should not suffer. In my opinion, dispute being of civil nature regarding specific performance of contract between the parties and in view of the offer made by the applicant to deposit the costs of Rs.5,000/- in order to comply with the order of this Court dated 30.09.2009, interest of justice would be subserved if the applicant is allowed to give further chance but as a last chance to deposit the costs of Rs.5,000/-. In view of this, I make the following order. 3 O R D E R (i) Misc. Civil Application is allowed, subject to deposit of costs of Rs.5,000/- (Rupees Five Thousand Only) within a period of four weeks from today, failing which the Misc. Civil Application shall stand dismissed without further reference to this Court and if at all an application for restoration of this Misc. Civil Application is filed, the same shall not be accepted unless further costs of Rs.10,000/- (Rupees Ten Thousand Only) is deposited by the applicant as a precondition for filing application for restoration. (ii) Applicant is directed to inform the order on these applications to the respondent by R.P.A.D. and place acknowledgment to that effect on the record of this Court. Misc. Civil Application stands disposed of. JUDGE SSW