bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 6865 OF 2008 PETITION NO. 6865 OF 2008 PETITION NO. 6865 OF 2008 Bajirao Dattatray More ... Petitioner v/s Vasantrao Chougule & ors. ... Respondents Mr.Datta H. Pawar for the petitioner. Mr.S.S.Patwardhan for the respondent No.1. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 4TH DECEMBER, 2008 4TH DECEMBER, 2008 4TH DECEMBER, 2008 P.C. P.C. P.C.: 1. The petition challenges the order passed by the appellate Court under the Maharashtra State Co-operative Societies Act, by which the application for condoning the delay in filing the appeal has been dismissed. 2. The learned counsel for the respondent No.1 consents to have the order set aside on condition that the petitioner deposits a reasonable amount as a condition precedent for condoning the delay in filing the appeal. 3. In this view of the matter, the impugned order is set aside. The petitioner is directed to deposit as a 2 condition precedent for the appeal to be heard on merits a sum of Rs.10 lacs within six weeks from today. In the event this amount is not deposited, the appeal need not be heard and the impugned order will revive. 4. In the aforesaid circumstances, the auction sale is stayed for a period of six weeks from today. 5. Writ petition disposed of accordingly.