IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1729 OF 2008 WRIT PETITION NO.1729 OF 2008 WRIT PETITION NO.1729 OF 2008 Karad Municipal Corporation through its Chief Officer ..Petitioner. V/s. Ashok Ramchandra Naik & Ors. ..Respondents. Mr.N.J.Patil for petitioner. Mr.Amit Sule for respondent No.1 to 4. Mr.R.M.Patne, A.G.P. for respondent-State. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 25TH JUNE, 2008. DATED : 25TH JUNE, 2008. DATED : 25TH JUNE, 2008. P.C. :- P.C. :- P.C. :- 1. Rule. Rule, returnable forthwith. By consent of the parties, petition is taken up for final hearing. 2. This petition is filed to challenge the order dated 6/10/2007 passed by J.M.F.C., Karad in Municipal Appeal No.19/02. By the said order, the learned Judge while rejecting the application of the petitioner for dismissal of the appeal for want of predeposit of the disputed amount, held that there is no provision under the Maharashtra Municipal Council Nagar Panchayat and Industrial Township Act, 1965 requiring the respondent-appellant to - = : 2 : = - pre-deposit the amount which is the subject matter of the appeal. Admittedly, section 170 of the said Act, requires the appellant to make a pre-deposit. In this view of the matter learned counsel for the respondents fairly state that the impugned order cannot be sustained. However, he seeks time to deposit the amount before the appellate authority. Accordingly, the impugned order dated 6/10/2007 is quashed and set aside. The respondent-appellant is granted 8 weeks time to deposit the amount which is the subject matter of the appeal in Municipal Appeal No.19/02. 3. If the disputed amount is deposited by the respondent-appellant within 8 weeks from today, the said Municipal Appeal No.19/02 shall stand revived and the learned Judge shall proceed to hear the said appeal on merits. If the said amount is not deposited within 8 weeks from today, the Municipal Appeal No.19/02 filed by the respondent- appellant shall stand dismissed automatically without any reference to this Court. 4. Rule is made absolute in the above terms with no order as to costs. - = : 3 : = - (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)