1 K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.640 OF 2011 IN WRIT PETITION NO.5833 OF 2010 WITH CIVIL APPLICATION NO.638 OF 2011 IN WRIT PETITION NO.5833 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Piyush Shah for applicants. Mr. N.M.Ganguli, Mr. S.S.Pathak with Mr.T.R.Yadav for respondents. Mr. N.M.Ganguli, Mr. S.S.Pathak with Mr.T.R.Yadav for applicants. (CAW 638/2011) Mr.Piyush Shah for respondents.(CAW 638/2011) CORAM : K.K.TATED,J. DATE : 24/03/2011. PC: 1 Heard learned counsel appearing for parties. 2 This application is preferred by original petitioner for condonation of delay in depositing the balance amount of 2 Rs.1,43,761/- in this court as per order dated 3rd December, 2010 in Civil Application no.2911 of 2010 passed by this court (Coram: Smt.Nishita Mhatre, J.). The learned counsel appearing on behalf of applicants submits that they already deposited a sum of Rs.14,00,000/- in this court on 25th January, 2011. Thereafter, the applicants came to know that it remained on their part to deposit Rs.1,43,761/-. Learned counsel appearing on behalf of applicant submits that by mistake it remained on their part to deposit a sum of Rs.1,43,761/- within stipulated time. He submits that draft of the said amount is ready with him. He can deposit the said amount today also. He submits that considering the facts and circumstances of the case and in the interest of justice, delay in depositing sum of Rs.1,43,761/- to be condoned. 3 On the other hand, learned counsel appearing on behalf of respondent 3 vehemently opposed the present application. He submitted that the applicants failed to disclose any sufficient cause for not depositing entire amount as per order dated 3rd December, 2010 in Civil Application no. 2911 of 2010. 4 It is clear that there is a some delay on the part of applicants to deposit the said amount in this court as per order dated 3rd December, 2010. Considering the submissions made by the learned counsel appearing on behalf of applicants and the averments made in the civil application, civil application is allowed in terms of prayer clauses (a) and (b) which read as under: “(a) that the delay of 25 days in depositing the balance amount of Rs.1,43,761/- in the Hon’ble Court be condoned; (b) that the Office of the Registrar, Appellate Side, be directed to deposit the said amount;” 4 5 Applicants are directed to pay costs of Rs.1,000/- to the respondents. Costs to be paid to the respondents’ advocate within two weeks from today. 6 Civil Application is disposed of accordingly. CIVIL APPLICATION NO.638 OF 2011 The learned counsel appearing on behalf of respondents seeks some time to file their affidavit in reply. On his request, matter is adjourned to 30.03.2011. (K.K.TATED,J.)