-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 153 OF 2009 IN FAMILY COURT APPEAL (ST.) NO. 13454 OF 2009 Uttamchand B. Khicha ... Applicant versus Mrs. Chetna Uttamchand Khicha ... Respondent None for the applicant. Mr. S.A. Sawant for the respondent. CORAM: P.B. MAJMUDAR & R.V. MORE, JJ. DATE: AUGUST 29, 2009. P.C. By our order dated July 30, 2009, we recorded the statement of the learned counsel appearing for the applicant that the arrears of maintenance till date shall be deposited before this Court within a period of two weeks from that day. 2. On 25th August, 2009 when the matter was placed for admission, we passed the following order. “The learned counsel for the applicant is not present to pursue the civil application. The learned counsel for the respondent is -2- present. Even in the first session also, none appears for the applicant. The learned counsel for the respondent submitted that the applicant has not deposited any amount towards arrears of maintenance in spite of the order of this Court dat3ed 30-07-2009. 2. In order to give one more opportunity to the applicant to argue this Civil Application, stand over to 28-08-2009. To be kept under the caption of dismissal. “ 3. The matter was not not placed the matter for admission on 28th August, 2009 but it is placed today for admission. None appears for the applicant. We find substance in the grievance of the respondent that the applicant is interested in only delaying the matter with a view to see that he is not required to comply with the earlier order regarding payment of maintenance. The applicant had not appeared before the Family Court and ex- perte decree was passed by the Family Court in favour of the respondent. We have gone through the Civil application and in our view, no satisfactory reasons have been given for condoning the delay. It seems that the applicant is interested in delaying the proceeding only. Since we do not find any substance in the civil application, the civil application is dismissed. Notice discharged. P. B. MAJMUDAR, J. R.V. MORE, J.