1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 970 OF 2009 1. Shram Sadhana Trust Hostel for Working Women, In front of Cardinal Gracious High School, Government Colony, Subhash Nagar, Bandra (E), Mumbai 51. 2. College of Engineering and Technology, Bambhori, Tq. Dharangaon, Dist. Jalgaon. ....Petitioners. Versus 1. Vikas Lalsing Patil, R/o. Ashababa Colony, behind Shiv Colony, Jalgaon, Tq. & Dist. Jalgaon. ....Respondent. Shri.A.G. Talhar, Advocate for petitioners. CORAM : B.R. GAVAI, J. DATE : 15TH JUNE, 2009 PER COURT : 1. By way of present petition, the petitioners have challenged the order dated 3rd January 2008 vide which the application filed by the respondents/defendants for review of the order rejecting counter-claim has been allowed. 2 2. The plaintiff has filed the suit for recovery of an amount against the respondent who is employee of petitioner/ plaintiff. In the said suit, the counter-claim was also filed by the defendants. The said counter claim came to be rejected on 4th June 2007 as the defendant failed to pay requisite Court Fee. Accordingly, petition came to be filed by the defendant for review of the said order. 3. Shri. Talhar, learned counsel for the petitioners submits that the trial Court has erred in allowing the application for review under section 151 of Code of Civil Procedure. He further submits that the learned trial Court could not have taken recourse to said provision for extension of time. 4. While allowing the application, the learned trial Court has taken in to consideration that the Court fees could not be paid at the time when the counter claim is filed, since the defendant could not contact his counsel on account of summer vacation. Immediately thereafter the application was filed for review. The learned trial Court while allowing the said application has also relied on the judgment of the Single Judge of this Court reported in 2007 (2) ALL MR 563, wherein this Court has held that the exercise of inherent powers by trial Court in extending time to pay Court fee, cannot be stamped as arbitrary, capricious or perverse. 3 5. In that view of the matter, no perversity could be found in the approach adopted by the learned trial Court so as to warrant interference in the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India. Hence, the writ petition is dismissed. [ B.R. GAVAI, J. ] ssc/wp970.09