1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No.73/2010 ( Ajay H. Nabira and others -: versus :- Sharad M. Tandoo . ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 27, 2010. Heard finally by consent of Shri A.V. Muley, learned counsel for petitioner and Shri J.P. Kothari, learned counsel for respondent. In pursuance of order dated 11.01.2010 Shri Kothari, learned counsel appearing for respondent / plaintiff states that respondent had claimed cost of Rs. 5000/- before trial Court for allowing such belated amendment. He argues that as the matter has come up to this Court, more cost should be allowed. Shri Muley, learned counsel is opposing the grant of cost. However, as the delay is unexplained and still the respondent / plaintiff has permitted amendment to be carried out, the impugned order dated 23.11.2009 is quashed and set aside by consent of parties. The same is subject to the petitioner paying cost of Rs. 6000/- to the respondent, before 2 the trial Court by 30.01.2010. After the costs are paid and amendment is carried out, there is no question of any consequential amendment, as necessary evidence in this respect is already on record. Writ Petition is thus allowed. Rule accordingly. JUDGE Rgd.