ssm sm sm 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 WRIT WRIT WRIT PETITION NO. 5658 OF 2008 PETITION NO. 5658 OF 2008 PETITION NO. 5658 OF 2008 Prakash Digambar Jangam ...Petitioner Vs. Devichand Poonamchand Bagmar ...Respondent. Mr.P.S.Dani for the Petitioner. None for the Respondent. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 21st November, 2008. : 21st November, 2008. : 21st November, 2008. P.C. P.C. P.C. . None present for the Respondent. 2. The Petitioner has challenged the impugned order dated 20/06/2008, whereby the Court refused to extent the period for depositing the amount as petitioner moved this application on 11/06/2008 after receiving the certified copy. 3. Merely because Court has directed to deposit the amount within 30 days from 03/05/2008 that itself in the present facts and circumstances of the case, cannot be the reason not to condone the delay or permit the parties to comply with the final order ( 2 ) passed in the decree. The delay, even if any in depositing such amount needs to be considered in this background. The provision of Section 148 read with Section 151 of the Code of Civil Procedure (for short, "C.P.C.") needs to be invoked in favour of the parties, if case is made out. Those provisions are not mandatory to mean that the Court are powerless to pass such order of extension of time. It is natural and acceptable that the party will act after getting certified copy of the order. In the present case, this application is filed immediately after receiving the certified copy of the order. 4. Taking all this into account, in the interest of justice, I am inclined to grant this application as prayed. The Petition is allowed in terms of prayer clauses (a) and (b). The Petitioner is permitted to deposit the amount on or before 05/12/2008 from the receipt of copy of this order. . No costs. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)