KBP 1 ca49-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.49 OF 2010 IN FIRST APPEAL [STAMP] NO.31416 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Ms.S.V.Sonavane, AGP for applicant. Mr.Amol Karandikar i/b. M/s.Khandeparkar and Associates, for respondent nos.1 to 6. CORAM : R.G.KETKAR, J. DATE : 24 th JANUARY, 2011 P.C. Heard Ms.S.V.Sonavane, learned AGP for applicant State and Mr.Amol Karandikar, learned counsel for respondent nos.1 to 6. This is an application for condonation of 302 days delay in filing First Appeal. For the reasons set out in the application, I am satisfied that the applicant has made out sufficient cause for condonation of delay subject to payment of costs. Civil Application is allowed in terms of prayer clause (b), subject to payment of costs of Rs.1,000/- to be paid to the respondents/opponents within a period three weeks from today. Payment of costs shall be condition precedent and on failure to pay the costs, the KBP 2 ca49-10.sxw Appeal shall stand dismissed without further reference to the Court. [R.G.KETKAR, J.] KBP 3 ca49-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.50 OF 2010 IN FIRST APPEAL [STAMP] NO.31416 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Ms.S.V.Sonavane, AGP for applicant. Mr.Amol Karandikar i/b. M/s.Khandeparkar and Associates, for respondent nos.1 to 6. CORAM : R.G.KETKAR, J. DATE : 24 th JANUARY, 2011 P.C. Heard Ms.S.V.Sonavane, learned AGP for applicant State and Mr.Amol Karandikar, learned counsel for respondent nos.1 to 6. 2] By order dated 30 th April, 2010 this Court granted ad-interim relief in terms of prayer clause (b) of the application on the condition that the applicant – State deposits the entire decretal amount in the trial Court within a period of ten weeks from the date of order. Pursuant to the said order, the applicant has deposited an amount of Rs.21,05,121/- in the trial Court on 7 th December, 2010. 3] In view of above, Civil Application is allowed in terms of prayer clause (b). The respondents/opponents are a liberty to take out an application for withdrawal of the amount deposited by the applicant. If such KBP 4 ca49-10.sxw application is taken out within a period of four weeks from today, the office shall issue intimation to the trial Court. In case no such application is filed within a period of four weeks from today, the trial Court will be at liberty to invest the said amount in fixed deposit of any nationalised bank initially for three years and the same shall be renewed thereafter during the pendancy of Appeal. Costs in cause. [R.G.KETKAR, J.]