1 C.A.No.9822/11 In F.A.No.8/11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.9822 OF 2011 IN FIRST APPEAL NO.8 OF 2011. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.Vivek Bhavthankar, advocate holding for Mr. A.A.Mundhe, advocate for the applicant. Mr.S.S.Bora, advocate for the Respondent No.1 Mr.M.M.Nerlikar, advocate for Respondent No.2. CORAM : S.V.GANGAPURWALA,J. Date : 07.09.2011. PER COURT : 1. Heard. 2. This is Civil Application filed for recalling the order dated 1.4.2011 passed in C.A.No.2195/2011. This Court had rejected Civil Application No.2195/2011 as the present applicant had failed to comply with the directions dated 18.2.2011, directing to deposit an amount of Rs.1,55,000/- (Rupees one lac fifty five thousand). Mr.Bhavthankar, learned counsel submits that the applicant could not deposit the amount due to the circumstances as detailed in the 2 C.A.No.9822/11 In F.A.No.8/11 application. Now the applicant could gather the said amount. The applicant is a Government servant. With great difficulty, he could make the arrangement of the amount now. As such the applicant may be permitted to deposit the said amount and the stay granted earlier vide order dated 18.2.2011 be continued. 3. Mr.Bora, learned counsel for the Respondent opposes the application on the ground that the decretal amount is more than Rs. 2,90,000/- (Rupees two lacs ninety thousand). As arrest warrant is issued, the applicant does not want to satisfy the decree as such now has moved the present application. The application is not bonafide. The learned counsel further submits that the order can not be recalled beyond the limitation period. 4. In fact, the present application is in the nature of extension of time which can be exercised U/s 148 of the C.P.C. The applicant could not deposit the amount within the stipulated period. The reasons are mentioned in the application. At the same time, the applicant also deserves to be saddled with costs for the delay caused. 5. In the result, the application is allowed in terms of prayer clause (B) on condition that the applicant deposits the amount of Rs.1,55,000/- (Rupees one lac fifty five thousand) within a period of one week from today. In the event, the said amount is deposited, the present Respondent No.1/original plaintiff is allowed to 3 C.A.No.9822/11 In F.A.No.8/11 withdraw the said amount on condition that the present Respondent No.1 submits a solvent security of the like amount. 6. The Civil Application is accordingly disposed of. (S.V.GANGAPURWALA,J.) Dt.07.09.2011. asp/office/Ca9822.11 4 C.A.No.9822/11 In F.A.No.8/11