1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.81 OF 2010 IN WRIT PETITION NO.2374 OF 2009 Mohammed Yusuf Wali Mohammed Khan .. Applicant versus Smt.Khan Talmunnissa Maqbool Ahmed Khan& Anr. .. Respondents Mr.C.G.Gavnekar i/by Mr.Sunil Singh for the applicant. Mr.A.R.Shaikh for the respondents. CORAM : A.S.OKA, J. DATE : 1st February 2010. P.C: . Heard learned counsel appearing for the applicant and the learned counsel appearing for the respondents. The prayer in this application is for extension of time to deposit the amount as directed by order dated 27th July 2009. The learned counsel appearing for the applicant submitted that a demand draft in the sum of Rs.2,00,000/- is kept ready and entire balance amount payable as of today will be deposited within a period of one week from today. 2. The learned counsel appearing for the respondents has opposed the prayer made in this application. He pointed out that the judgment and order dated 27th July 2009 itself indicates that the time was granted to the applicant to deposit the amount only by way of indulgence. He submitted that there is a gross default on the part of the applicant and no indulgence be shown to the applicant. 2 3. I have given careful consideration to the submissions. The applicant was granted time under the orders of this Court by way of indulgence and therefore the applicant ought to have complied with the order. There are some reasons assigned in the application and in particular paragraph Nos.4 and 5 thereof. The result of non-compliance of order dated 27th July 2009 is that the defence of the applicant stands struck out. The applicant has shown his bonafides by keeping ready the demand draft in the sum of Rs.2,00,000/-. The applicant has paid a sum of Rs.25,000/- by way of demand draft to the respondent towards costs of this application. There is an assurance given by the applicant through his counsel that the entire amount due and payable as per the earlier order as on 31st January 2010 will be deposited with the concerned Court within a period of one week from today. 4. Considering the aforesaid factual situation, only by way of indulgence, time deserves to be extended. 5. Hence, I pass the following order: : O R D E R : (a) Time to deposit the arrears in terms of order dated 27th July 2009 payable up to 31st January 2010 is extended till 8th February 2010. (b) If entire arrears payable as per the earlier order up to 31st January 2010 are not deposited with the trial Court on or before 8th February 2010, the defence of the applicant shall stand struck out without further reference to the Court. Rest of the order dated 27th July 2009 is maintained. 3 (c) The applicant has already paid costs of Rs.25,000/- of this application to the respondents. (d) Hearing of the suit is expedited. It is expected that the applicant will co-operate with the trial Court for expeditious disposal of the suit. (e) Civil Application is allowed in above terms. (f) The parties and trial Court to act upon an authenticated copy of this order. (A.S.OKA,J)