1 caw536-11 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.536 OF 2011 IN WRIT PETITION NO.7159 OF 2010 Pramod Puri Partner .. Applicant Vs. Suresh Laxman Patade and Ors. .. Respondents Mr.V.P.Vaidya for the petitioner Mr.Avinash K. Jalisatgi for respondent nos.1(a) to (d) CORAM: K.K. TATED, J. DATE: 11th MARCH, 2011 P.C. 1. Heard the learned counsel for the parties. 2. Leave to amend. 3. This application is preferred by original petitioner for extension of time to deposit a sum of Rs.5.0 lakhs as per order dated 29.10.10. 4. The learned counsel for the applicant submits that because of financial difficulties as explained in para 5, 6, 7 and 8 of Civil Application, it remained on their part to deposit a sum of Rs.5.0 lakhs within the stipulated period. The learned counsel for the applicant filed an affidavit 2 caw536-11 of petitioner dt.11.3.11 giving an undertaking that the applicant will deposit a sum of Rs.5.0 lakhs in the Industrial Court, Thane on Monday, 14.03.11 and additional sum of Rs.5.0 lakhs on or before 18.3.11. The said affidavit is taken on record. The petitioner is present in court. Undertaking is accepted. 5. The learned counsel for respondent vehemently oppose the present Civil Application. He submits that the applicant failed to disclose any cogent evidence for extension of time. He further submits that in the meanwhile, the Industrial Court, Thane passed an order below Exhibit U-1 on 8.2.11. He submits that considering the subsequent developments and passing the order by the Industrial Court on 8.2.11, the applicant is not entitled for extension of time to comply the order passed by this court (Coram: Smt.Nishita Mhatre, J) dated 29.10.10. 6. It is an admitted fact that there is a delay on the part of the applicant to comply the order dt.29.10.10 though time was extended by 4 weeks by order dt.22.12.10. 7. Considering submissions made by the learned counsel for the applicant, the order passed by the Industrial Court below Ex.U-1 dated 8.2.11 is liable to be set aside. 8. Considering the submissions made by the learned counsel for the applicant and the averments made in Civil Application and as the applicant agreed to deposit the additional sum of Rs.5.0 lakhs in 3 caw536-11 Industrial Court on or before 18.3.11, Civil Application is allowed on the following terms: i) Time extended to deposit a sum of Rs.5.0 lakhs as per order dt. 22.12.10 till Monday 14.3.11. ii) Applicant to deposit additional sum of Rs.5.0 lakhs on or before 18.3.11 in the Industrial Court. iii) On deposit of additional sum of Rs.5.0 lakhs, the Industrial Court is directed to invest the said amount in any Nationalized Bank initially for a period of 6 months, to to be renewed thereafter till the hearing and final disposal of the matter. iv) Order dated 8.2.11 below Ex.U-1 is set aside. 9. If the applicant failed to deposit either the sum of Rs.5.0 lakhs on or before 14.3.11 or additional sum of Rs.5.0 lakhs on or before 18.3.11, this Civil Application be treated as dismissed with costs of Rs.5,000/- 10. Civil Application is disposed of accordingly. (K.K. TATED, J.)