AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3334 OF 2008 IN APPEAL (L) NO.117 OF 2008 IN SUMMARY SUIT NO.2598 OF 2006 Om Prakash Nihalani & Ors. .... Applicants Vs. Shiromani Manohar Singh Thakur. .... Respondent Mr. Dilip H. Shukla i/b P.V. Nichani & Co. for the applicants. Mrs. Vaishali Thorat i/b Mr. P.V. Shah for the respondent. CORAM : SMT. RANJANA DESAI & K.K. TATED, JJ. DATED : 8TH OCTOBER, 2008. P.C. :- 1. The instant appeal is filed challenging order dated 13/2/2007 passed by learned Single Judge decreeing the plaintiff's suit in terms of prayer clauses (a) and (b) of the suit. The decretal amount is about Rs.14.75 lakhs. Admittedly, there is 334 days' delay in filing the appeal. On 18/7/2008, the Division Bench of this AJN 2 court (S.B. Mhase & Prasanna B. Varale, JJ.) condoned the delay subject to costs of Rs.1,000/- to be paid to the respondent within a period of three weeks from the date of the order. The applicants did not abide by this order. Now, the present notice of motion is taken out praying that the time to pay the costs may be extended. 2. We have heard learned counsel appearing for the applicants. He states that the applicants could not pay the amount within time because they have no capacity to pay the amount and, hence, time to pay may be extended. We are not impressed by this submission. The applicants should have complied with this court's order. The order was passed on 18/7/2008. The motion is taken out on 15/9/2008. In the circumstances of the case, in our opinion, the applicants must be saddled with more costs. Hence, we direct them to pay costs quantified at Rs.5,000/-. Needless to say that costs of Rs.5,000/- shall also include costs of Rs.1,000/- already awarded by the Division Bench presided over by Justice Mhase. We are informed that a cheque in the sum of Rs.1,000/- has been received by the respondent. However, the respondent has not encashed it. We direct that a further amount of Rs.4,000/- be paid by the applicants to the respondent by 13/10/2008. On such AJN 3 payment being made, time to make payment shall stand extended till 13/10/2008. The respondent may encash the cheque which is in his possession. Notice of motion is disposed of. [SMT. RANJANA DESAI, J.] [K.K. TATED, J.]