1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 1195 OF 2007 Executive Engineer vs. Dattatraya Bapurao Patil – Raut & Ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 23, 2008. Heard Shri Patil, learned counsel for the appellant/ applicant and Smt. Bhide, learned counsel for respondent No.1. By this application, the acquiring body is seeking revision of order dated 19.6.2007 passed by the learned Registrar refusing registration to First Appeal (rejecting First Appeal No.467 of 2007) on the ground that objection of deficit court fee has not been removed. Shri Patil states that the said appeal was belated and hence there was another application filed vide St. No.1433 of 2007 for condoning delay of 107 days. Shri Patil states that now the appellant has received necessary funds and within one week court fee can be paid. Request is being opposed by Smt. Bhide, who contends that sufficient time was given by the Registry to the applicant to 2 remove the objection. She contends that important right accrued in favour of present respondent is being defeated because of such attitude of the applicant. However, after hearing Shri Patil, learned counsel, I am satisfied that there are no malafides in the matter and hence the order dated 19.6.2007 is hereby recalled. The Registry is directed to restore the First Appeal No. 467 of 2007 and to permit the applicant/ appellant to remove all objections including that of deficit court fee within one week. However, the order is subject to payment of cost of Rs.200/- to High Court Legal Services Sub-committee, Nagpur, within one week from today. If the costs is so paid, the office to restore First Appeal and proceed further in accordance with law. JUDGE *GS.