1 30-caw-1730-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO. 1730 OF 2011 IN WRIT PETITION NO. 6824 OF 2009 Shri Shivprasad B.Singh (since deceased) through his Legal Heirs & Others .. Applicants. V/s. M/s. Amum Builders & Another .. Respondents. Ms. P. N.Bansali i/b. Mr. V. K. Narkar, for Applicants. Mr. Pawankumar R. Prasad i/b. Mr. K. S. Dewal, for Respondents. CORAM : G.S.GODBOLE, J. DATE : 29th AUGUST, 2011. P.C.: 1 On 26th August, 2011, when this Civil Application was shown on board, but could not be taken up for hearing, the Advocate for the Petitioner and Respondent No.1 were put to notice that they should be ready to argue the Writ Petition finally. Today, the learned Advocate for Respondent No.1 states that he is not in a position to argue the Writ Petition 2 30-caw-1730-2011.sxw finally, though the Advocate for Petitioner is ready. In this situation, Civil Application is taken up for hearing. 2 Heard the learned Advocates for the parties. 3 This Civil Application seeks extension of time to deposit the amount in the Trial Court, pursuant to the order dated 27th September, 2010 passed in Writ Petition No.6824 of 2009. 4 The learned Advocate for Respondent No.1 opposes the application on three grounds:- (i) since default has been committed in depositing, extension of time should not be granted. (ii) since earlier Civil Application No.523 of 2011 was filed by the Applicant and extension of time was granted by order dated 4th March, 2011, this Civil Application is not maintainable. (iii) since in the order dated 12th August, 2011, passed by Justice V. M. Kanade, though time was extended in five other Civil Applications, since time was not extended in this Civil Application, it should not be extended. 5 After having heard the parties, I find that all objections are devoid of merits, for the following reasons:- (a) the Writ Petition challenges the Judgment and Order dated 28th February, 2008 passed by the learned Judge of the Small Causes at Bombay 3 30-caw-1730-2011.sxw in Misc. Notice No.37 of 2007 in Obstructionist Notice No.5 of 2007. Perusal of the said order shows that though interim compensation was to be deposited, no consequence for failure to make such deposit has been provided. No prejudice would be caused to Respondent No.1, even if, the time is extended. (b) The Writ Petition is admitted. At the stage of admission, no interim relief was granted. This order was challenged by the Petitioners in companion Petition, namely Writ Petition No.4826 of 2010, in the Supreme Court and the Supreme Court has directed expeditious hearing of the Main Obstructionist proceedings. As stated in the beginning, on the last occasion, Advocate for Respondent No.1 was told to be ready and argue the main petition on merits, but today he has expressed his inability to do so. (c) The order dated 4th March, 2011, does not deal with the period for which this Civil Application is filed. It is an accepted position that, that order has been complied with. This Civil Application is filed in respect of the monthly compensation for the period commencing after April, 2011 onwards. Hence, the earlier order dated 4th March, 2011 passed in Civil Application No.523 of 2011 cannot be an impediment in hearing this Civil Application. 4 30-caw-1730-2011.sxw (d) The objection based on the order dated 10th August, 2011 in five Civil Applications filed in companion Writ Petition No.4826 of 2010 is completely devoid of merits. In fact, by that order, extension for time to deposit the amount has been granted. The said order rather than supporting the Respondent No.1's case will supported the case of Applicant. 6 Thus, all objections taken up by the learned Advocate for Respondents have no substance. No prejudice is shown by extending the time. The Applicant is ready to deposit a sum of Rs.63,000/- by Pay Order dated 28th June, 2011 for the month of April, 2011 to June, 2011 and has also shown willingness to deposit further amount till the end of August, 2011 on or before 15th September, 2011 and the monthly amount regularly. 7 Hence, the Civil Application is allowed in terms of the following order:- (a) Time to deposit monthly compensation with effect from April, 2011 to 31st August, 2011 is extended till 19th September, 2011. The compensation for the month of August, 2011 to be deposited on or before 12th September, 2011, as 10th being the non- working Saturday. The subsequent deposit to be made from the month of October, 2011 onwards, in terms of Order of the Trial Court. 5 30-caw-1730-2011.sxw (b) If Applicant wants to deposit the compensation for a period of three months in advance, there will be no impediment in accepting the said advance deposit. Parties and the Trial Court to act on authenticated copy. (G.S.GODBOLE, J.)