AJN : 1 : FARAD CONTINUATION SHEET NO. FARAD CONTINUATION SHEET NO. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6428 OF 2005 --------------------------------------------------------- Office notes, office : Memoranda of Coram, : appearances, Court’s : Court’s or Judge’s Orders orders or directions : & Registrar’s orders. : . --------------------------------------------------------- Mr. S.D. Patil for the petitioner. Mr. K.K. Malpathak for respondent 1. Mr. Ganesh Vaidya for respondents 2 and 3. CORAM: SMT. RANJANA DESAI, J. CORAM: SMT. RANJANA DESAI, J. CORAM: SMT. RANJANA DESAI, J. DATED: 29TH SEPTEMBER, 2005. DATED: 29TH SEPTEMBER, 2005. DATED: 29TH SEPTEMBER, 2005. P.C.:- Heard the learned counsel for the parties. By the impugned order, the application filed by the petitioner to allow him to pay the process fees is rejected. The learned judge has observed that specific time was stipulated in the order passed on 25/2/2005 to pay the process fees and AJN : 2 : that time cannot be extended. In my opinion, in the interest of justice, the impugned order deserves to be set aside. However, considering the fact that within the stipulated time the process fees are not paid, the petitioner needs to be saddled with costs. Hence, the petitioner shall pay costs quantified at Rs.3,000/- to respondent 1. In my opinion, in the circumstances of the case, the execution proceedings also need to be expedited. Hence, the following order: O R D E R The impugned order dated 8/8/2005 is set aside on the condition that the petitioner pays costs quantified at Rs.3,000/- to respondent 1. The costs should be paid within a period of one week from today. The petitioner will be allowed to pay the process fees only on condition that he satisfies the office that he has paid costs to respondent 1. In the circumstances of AJN : 3 : the case, the instant execution proceedings are expedited. The executing court shall dispose of the execution proceedings within a period of six months from the date of receipt of this order. The trial court to act on the authenticated copy of this order. (SMT. RANJANA DESAI, J.)