1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.6279/2009 IN FIRST APPEAL ST.NO.12097/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.CV Thombre, Adv. for applicants; Mr. PB Paithankar, Adv. for respondent. ___ CORAM : K.U.CHANDIWAL, J. DATE : 4 th February, 2010. ... 1) Heard. 2) There is delay of 334 days in causing to file First Appeal against the Bank. The suit came to be decreed for recovery. The Counsel for the Bank has pointed the irregularities of the appellant as there was no participation before the learned Trial Judge after filing the Written Statement. 3) Though it is a challenge to a money decree, several contentions raised by the appellant also need to be addressed. Applicant no.2, aged 70 years, suffered at least three attacks. Applicant no.1 was required to attend him. The delay in lodging the appeal is not deliberate, sufficiently explained, delay condoned. Application allowed on the appellant paying costs of Rs.10,000/- (Rupees ten 2 thousand) directly to the bank within fifteen days. 4) The statement made by Mr.Thombre to adjust the Fixed Deposit, having maturity value of Rs. 1,80,289/- due on 3rd March, 2010, in the loan account, is accepted. 5) The appeal can be finally heard at admission stage. 6) Mr.Paithankar waives notice in the appeal for the bank. 7) Call R. and P. 8) S.O. to 29th April, 2010. 9) The bank will not execute the decree under challenge till next date. 10)Mr.Thombre shall furnish private paper book, serve a copy thereof to other side at least a week in advance. (K.U.CHANDIWAL) JUDGE bdv/ca6279.09