usj IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.4717 OF 2008 APPLICATION NO.4717 OF 2008 APPLICATION NO.4717 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL (ST.) NO. 20497 OF 2001 APPEAL (ST.) NO. 20497 OF 2001 APPEAL (ST.) NO. 20497 OF 2001 IN IN IN L.A.R. L.A.R. L.A.R. NO.241 OF 1987 NO.241 OF 1987 NO.241 OF 1987 The State of Maharashtra (through the Special Land Acquisition Officer, No.3, Solapur. ..Applicant V/s. Shri Kalyanrao Janardan Patil ..Respondent ..... Mr. S.n. Gawande, AGP for the Applicant-State Ms. Jai V. Mhaskar for Respondent ..... CORAM CORAM CORAM : A.P. DESHPANDE,J. : A.P. DESHPANDE,J. : A.P. DESHPANDE,J. DATED DATED DATED : 21st JANUARY, 2009. : 21st JANUARY, 2009. : 21st JANUARY, 2009. P.C. P.C. P.C. : : : 1. An appeal filed by the State Government challening the reference award passed by the Court below enhancing the compensation was listed on 7th August, 2001 before the Additional Registrar as the Court fee paid where found to be insufficient and some deficit payment had to be made. A conditional order came to be passed on 7th August, 2001 that the deficit Court fee be paid within 8 weeks failing which, the registration shall automatically stands refused. The State Government failed to pay the amount within the time stipulated. Hence, Registration came to be refused. Aggrieved thereby this Application is moved. 3. It is the case of the State that the acquiring body deposited an amount of Rs.44,800/- on 15th March, 2007 with the Office of the Government Pleader, which has resulted in causing delay in payment of the deficit Court fees. By the present application, the State is seeking condonation of delay in preferring the application for setting aside the conditional order passed by the Additional Registrar. Noted the reasons spelt out in the application for condonation of delay, though the reasons are not very convincing the substance of the matter cannot be permitted to be lost. The respondent can be adequately compensated for the inconvenience caused. 4. In the result, delay is condoned subject to payment of costs of Rs.2,000/- to be paid by the appellant to the respondent within 8 weeks from today. The order dated 7th August, 2001 is quashed and set aside. The deficit Court fee shall be paid within 2 weeks from today. On such payment being made, the appeal shall be registered. The Civil Application is disposed of accordingly. (A.P. (A.P. (A.P. DESHPANDE,J.) DESHPANDE,J.) DESHPANDE,J.)