Lsp 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 APPLICATION NO. 2310 of 2008 IN WRIT PETITION NO. 4289 of 2006 Nandlal alias Nandkumar S. Joshi & ors. ...Applicants v/s. Smt. Hirabai Wamanrao Deshmukh & ors. ...Respondents Mr. Sanjay Shinde i/b. S.S.Sathaye for the applicants. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 29TH JANUARY, 2009 : 29TH JANUARY, 2009 : 29TH JANUARY, 2009 P.C. . This application is filed by the respondents in Writ Petition against whom order was passed by this Court as back as on 13th June, 2007 to pay enhanced cost of Rs.3000/- to the petitioner within three weeks from the date of the order. Obviously, that direction has not been complied with so far. Instead, the present application has been filed on 31st July, 2007 for extension of time to comply with the directions issued by this Court, which is coming up for hearing today before me. 2. In the morning session when the matter was called out, the Advocate for the applicants-respondents was clearly told that he is free to deposit the amount in terms of order dated 13th June, 2007 before the lunch break and produce receipt in that behalf. However, when the matter is called out after lunch break, Counsel for the applicants-respondents submits that as per his 2 information the petitioners have not taken any objection before the Trial Court regarding non-payment of amount of enhanced cost of Rs.3000/-. Even so, the applicant will not be extricated from the obligation to pay enhanced amount of cost in terms of order dated 13th June, 2007. The applicants are bound to pay that amount unless the order was to be recalled. That is not the prayer in the present application. The explanation given by the Counsel for the applicants, therefore, is devoid of merits. 3. The applicants, if so desire, may deposit the amount of Rs.3000/- in this Court in the course of the day, which if deposited can be made over to the petitioners. However, if the applicants fail to deposit the amount as aforesaid, the Trial Court be informed accordingly and copy of the present order be forwarded to the Trial Court Judge forthwith who shall then pass order striking out defence of the applicants for having not complied with the order of this Court and proceed with the proceedings thereafter. 4. Application disposed of on the above terms. 5. Ordered accordingly. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]