L.P.A.No.182 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.182 OF 2011 IN WRIT PETITION NO. 1375 OF 2011 Vilas s/o Dhanji Zalte and ors. .. Appellants Versus The State of Maharashtra and anr. ..Respondents Mr A.B.Kale, Advocate for appellants Mr P.P.More, A.G.P. for respondents 1 and 2 CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI DATE : 29th April 2011 PER COURT 1. The appeal has been filed impugning the order passed by the learned Single Judge on 11.4.2011. By this order, the learned Single Judge has dismissed the writ petition as the appellants had not complied with the conditional order passed by the learned Single Judge on 24.3.2011. By this order the appellants were directed to furnish a Bank guarantee to the trial Court by 6th April 2011 in the sum of Rs.87,09,791/-. An amount of Rs.26,00,000/- was already deposited by the appellants before the trial Court. 2. It appears that the appellants were unable to meet the dead line stipulated in the order of the learned Single Judge. Therefore, the L.P.A.No.182 of 2011 2 learned Single Judge dismissed the petition. The appellants have annexed the Bank guarantee issued by the Bank of Maharashtra for the sum of Rs.90 lacs. We have been informed that the appellants have already deposited the Bank guarantee with the trial Court. 3. In these circumstances, we find that the letters patent appeal should be entertained and the order passed by the learned Single Judge dismissing the writ petition must be set aside. The amount for which the appellants were required to obtain a Bank guarantee was a large amount and, therefore, we are allowing the letters patent appeal and setting aside the order passed by the learned Single Judge on 11.4.2011. 4. The writ petition is remanded to the learned Single Judge for further orders. We make it clear that unless the appellants produce before the learned Single Judge the acknowledgment indicating that the Bank guarantee has, in fact, been furnished before the trial Court, the earlier order of the learned Single Judge dated 11.4.2011 impugned in the present letters patent appeal will revive. ( M.T. JOSHI, J. ) ( SMT. NISHITA MHATRE, J. ) (vvr/182.11lpa) L.P.A.No.182 of 2011 3