- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 5074 of 2008 IN FIRST APPEAL (St.) No. 5609 OF 2007 The State of Maharashtra ... Applicant Vs. Prabhakar Krishna Gawand & Ors. ... Respondents Mrs. Geeta Mulekar, for the applicant. CORAM : R. V. MORE, J. DATE : JULY 10, 2009. PC :- 1. The above Civil Application is taken out by the applicant/State of Maharashtra for restoration of the above First Appeal. This First Appeal arose out of an award passed under section 18 of the Land Acquisition Act. The appeal was filed on the stamp of Rs.10/-. The office raised objection regarding deficit court-fee. Thereafter by the order dated 12th March 2007, the Registrar (Judicial) directed the State of Maharashtra/ applicant to deposit the deficit Court Fee within 14 days, failing which the appeal shall stand dismissed for non-prosecution. As this order was not complied with by the applicant, the appeal automatically came to be dismissed for non removal of office objection. Above Civil Application is taken out for setting aside the order of dismissal and restoration of the First Appeal. 2. Since the aforesaid First Appeal is dismissed for non- - 2 - removal of office objection, prior to issuance of notice to the respondent, in my view for the purpose of disposal of this application, notice to respondents can be dispensed with. 3. The abovesaid application was initially placed before the Division Bench of this Court. In view of the provisions of Chapter V, Rule 6 of the High Court (Appellate Side) Rules, it is observed that an order of the Registrar can be challenged only by filing revision before the Single Judge. The Division Bench also by separate order directed to treat the Civil Application as Civil Revision Application. In the above facts, the present Civil Application is placed before this Bench. 4. The learned AGP for the applicant/State of Maharashtra makes a statement that the deficit Court-fee is already deposited. In view of this statement of the learned AGP, the objection stands removed. I, therefore, dispose of the Civil Applications by passing the following order. ORDER (i) Civil Application Nos. 5074 of 2008 is allowed by condoning the delay. Tthe First Appeal (St.) No. 5609 of 2007, the same is accordingly restored to the file. (ii) Office is directed to register the said First Appeal and proceed further. Sd/- [ R. V. MORE, J.]