1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. Civil Application No. 6036 of 2007 (Shubhangi Shioji Kate & ors. Vs. State Bank of India) Appeal District : Application No. of 200 Writ petition - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Ajnali A. Joshi, Adv. for the applicants. Mr. Atul Pande, Adv. for the respondent. CORAM : Smt. Vasanti A. Naik, J. DATE : 11 th September, 2007 Heard Mrs. Joshi for the applicants and Shri Pande for the respondent-Bank. By this civil application, the applicants seek condonation of delay of 624 days in filing the appeal. It is stated in the civil application that one Shioji Kate, who was the husband of the applicant no.1 and son of applicant no.3, died in an accident on 1/1/2001. Since the applicants are the widow, minor daughter and the mother of deceased Shioji, they suffered great shock on the death of Shioji. The appellants have no source of income, and as they were under great pressure and shock, they could not take decision of filing the appeal in time. It is further pleaded that they did not have sufficient money to buy the Court fee stamp 2 and, therefore, there was a delay in filing the first appeal. The counsel for the respondent strongly opposed the prayer made in this civil application. It is submitted on behalf of the respondent that the civil suit was filed against the appellants in the year 2004 and the judgment and decree is passed by the trial Court on 19th August, 2005. Shioji had died even prior to the filing of the suit in the year 2004. It is lastly submitted on behalf of the respondent that if the appellants did not have sufficient money to pay the Court fee stamp, they could have filed the appeal and could have deposit the deficit Court fee later. According to the respondent, the delay caused in filing the appeal is not bona fide, but is intentional. I have perused the contents of the civil application and considered the submissions made on behalf of the parties. Though the respondent no.1 had filed civil suit in the year 2004 and the ex parte judgment was passed on 19/8/2005, it is quite possible that the applicants who are the widow, minor daughter and mother of the deceased Shioji who had allegedly taken loan from the respondent Bank, were under 3 tremendous shock and also did not have financial capacity to pay the Court fee stamps. Though the deficit Court fees could have been paid later, it is also likely that the applicants believed that it was necessary for them to deposit the Court fees at the time of filing of the first appeal. Though the delay in filing the first appeal is not very satisfactorily explained, it is necessary in the interest of justice and in the facts and circumstances of the case, to condone the delay in filing the first appeal on the condition that the applicants deposit an amount of Rs. 5,000/- in the High Court Legal Services Sub Committee, Nagpur, within a period of three weeks from today. Civil application for condonation of delay is allowed only on the aforesaid condition. In case the applicants fail to pay the amount as directed above, Civil Application No. 6036/2007 will be deemed to have been dismissed. C.A. is allowed on the aforesaid terms and disposed of. JUDGE RMP