Ast 1 caf1763.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1763 OF 2010 WITH CIVIL APPLICATION NO.1764 OF 2010 IN FIRST APPEAL ST.NO.12914 OF 2010 United India Insurance Co. Ltd. ....Applicant. Vs. Mr.Navin Thakershi Chheda & ors. ....Respondents Mr.Rahul Mehta i/b. M/s. KMC Legal Venture for applicant. Mr.P.S.Dani i/b. Prashant D. Jadhav, advocate for Respondents. CORAM:- A.M.KHANWILKAR AND A.A..SAYED, JJ DATED:- JUNE 7, 2010 P.C. 1. Heard Counsel for the parties. 2. The Appeal is directed against the decree dated 9th November, 2009. It is not in dispute that the said decree was exparte decree passed against the Appellant. Before filing this appeal, the Appellant had filed application for setting aside the exparte decree, which was granted by the trial Court in terms of Ast 2 caf1763.10.sxw the order dated 1st April, 2010. The Appellant was expected to deposit specified amount within four weeks from the date of the order. Time to deposit however, was subsequently extended by the trial Court. It is not in dispute that the extended time has already expired. But since, the Appellant has filed this appeal questioning the correctness of the decree on merits itself, we find force in the argument of the Respondents that instead of burdening this Court with this appeal, the appellant may get opportunity of contesting the main proceedings afresh in terms of the order dated 1st April, 2010. However, since the time to deposit the amount as per the said order has already been expired, we are in agreement with the submission made on behalf of the Respondents that the amount deposited in this court by the Appellant in terms of the order dated 14th May, 2010 be treated as deposit made in time for the purpose of order dated 1st April, 2010, so that the main proceedings can proceed on its own merits in accordance with law. We accept this submission. 3. In view of the above, we dispose of the present application as well as appeal on clear understanding that time to deposit given by the trial Court in terms of the Order dated 1st April, 2010 and subsequently extended would stand further extended till the deposit made by the appellant in this court in terms of the order dated 14th May, 2010. The consequence of this understanding Ast 3 caf1763.10.sxw acceptable to both sides is that the main proceedings being Civil Suit No. 52 of 2008 shall stand restored to the file of the trial Court to its original number, to be proceeded in accordance with law. The amount deposited in this court on 28th May, 2010 by the Appellant shall stand transferred to the suit account before the trial Court, where the proceedings will now proceed. 4. Applications as well as Appeal stand disposed of on the above terms. 5. Needless to observe that both the parties will cooperate with the trial Court for early disposal of the restored proceedings. (A.A.SAYED, J) (A.M.KHANWILKAR, J)