1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. M.C.A.No.1055/2007 IN REJ. F.A. No. 452/2007 Executive Engineer vs. Martand Vithuji Pachange & Anr. M.C.A.No.1057/2007 IN REJ. F.A. No. 430/2007 Executive Engineer vs. Laxman Sitaram Gulhane & Ors. M.C.A.No.1059/2007 IN REJ. F.A. No. 458/2007 Executive Engineer vs. Samrat Rajaram Bhagat & Ors. M.C.A.No.1062/2007 IN REJ. F.A. No. 454/2007 Executive Engineer vs. Ayonuddin Vahaboddin Kazi & Ors. M.C.A.No.1066/2007 IN REJ. F.A. No. 434/2007 Executive Engineer vs. Pandurang Ramkrishna Yende & Ors. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. --------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : FEBRUARY 18, 2008. Heard Shri Patil, learned Counsel for applicant and Advocate Mrs. S.W. Deshpande, for respondent no.1 in Misc. Application Nos. 1059 and 1066 of 2007 and learned Assistant Government Pleader for State of Maharashtra and Special Land Acquisition Officer. In other Misc. Applications, the respondent no.1 has not appeared though served. Advocate Shri Patil, points out that near about 40-45 First Appeals were filed simultaneously 2 because of question of limitation and as funds for paying necessary court fees could not be arranged within time, application for extension of time to pay court fee was moved and though time was granted ultimately court fee could not be paid even within extended time. This ultimately resulted in refusing the registration of the First Appeals. He states that now funds are available and if the first appeals are restored the court fee can be immediately paid. Learned Assistant Government Pleader states that as question of public money is involved, the appeal should be restored. Advocate Mrs. Deshpande, opposes the request. She contends that the amount belonging to present respondent is being unnecessarily withheld. The applicants have already demonstrated their intention to challenge the impugned orders by filing appeals and it is apparent that as funds were not available the registration came to be refused. There are no malafide in the matter. Interest of respondent can be suitably protected while considering the appeal for admission. Hence revisions are allowed. The order refusing registration of Rejected First Appeal Nos. 452, 430, 458, 434 and 454 of 2007 are hereby recalled, subject to the present applicants paying cost of Rs. 300/- each to the High Court Legal Services Sub Committee, Nagpur within a period of four weeks. If 3 the costs are so deposited, office to restore the first appeal stamps and the applicant/appellant shall thereafter arrange to pay necessary court fees within further period of two weeks. After the court fees are so paid, office to register the First Appeals and place it for further consideration. JUDGE *GS.