1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION No. 6634/2010 IN FIRST APPEAL STAMP NO. 20511/2008 (R.C. No.321/2009) M/s Shiba Health Care through Proprietor, S.S. Nikalje Versus M/s M.J. Pharmaceuticals Ltd and another ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Mr. B.K. Pawar h/f Mr. A.B. Kale, Advocate for applicant. Mr. Swapnil Joshi h/f Mr. N.S. Deshpande, Advocate for respondents no. 1 and 2. CORAM : A.V. NIRGUDE, J. Date : 1st July, 2010 PER COURT : 1 Heard. 2 This application seeks restoration of the first appeal which was filed quite in time. The appellant however could not arrange funds for paying court fee and so they made an application before the Registrar for granting them some time for depositing the Court fee. The learned Registrar gave them two weeks' time but the appellant neither paid the court fee nor applied for extention of time. The learned Registrar therefore dismissed the appeal for want of court fee. 2 Against this order, present application is moved. This application is delayed by 413 days. Having regard to the nature of the case and in view of the fact that the respondent is quite aware of the pendency of this case being a caveator, I am inclined to condone the delay and also inclined to restore the first appeal provided the appellant shall deposit the court fee within two weeks from today. If the court fee is not deposited within two weeks from today, the appeal shall stand dismissed without further reference to the court. 3 Stand over two weeks i.e. to 15th July, 2010. [A.V. NIRGUDE, J.] tsk/