1 455.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.455 OF 2011 IN FIRST APPEAL NO.116 OF 2010 Shri Vijay Haribhau Gaikwad ...Applicant Versus Shri Baburao Kisan Ghongade ...Respondent ...... Mr.M.S.Lagu for Applicant. Mr.S.P.Shinde for Respondent. ...... CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ. (IN CHAMBERS) DATED:- APRIL 18, 2011. P.C. 1. Heard Counsel for the parties. 2. Counsel for the respondent submits that inspite of his best efforts to contact the respondent, no instructions are forthcoming. In the circumstances, we proceed to consider the application on merits. The applicant was expected to deposit cost quantified in terms of order dated 6th August, 2010 before the Trial Court on or before 3rd September, 2010. Instead, the applicant moved the Trial Court for extension of time by five weeks. That application was rejected on 6th September, 2010 on the ground 2 455.11 that it was not within time. The applicant, therefore, moved this Court by way of present application on 11th October, 2010. The application was initially placed before the learned Single Judge in view of the change in pecuniary jurisdiction. However, as the previous order was passed by the Division Bench, the matter has been once again placed before us. Having perused the application and the assertions made therein having remained unchallenged, in the interest of justice, the application is allowed on the following conditions: (1)The amount of cost to be paid by the applicant is now enhanced to Rs.25,000/-. (2)Further, the applicant shall deposit that cost in the Trial Court within two weeks from today. (3)Rest of the order dated 6th August, 2010 would remain as it is. 3. Application disposed of accordingly. 4. All concerned to act on the authenticated copy of this order. (A.A.SAYED, J.) (A.M.KHANWILKAR, J.)