gst 1 caa1297.09.6.1.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO. 1297 OF 2009 IN APEAL FROM ORDER NO. 815 OF 2007. Smt.Manda Maninath Palwankar... .... .... Applicant. V/s Parshuram Sahadeo Gawade & Anr. .... .... Respondents. Mr.Nitesh Bhutekar, i/by U.P.Warunjikar, Adv. For the applicant. Mr.S.K.Paranjape i/by P.S.Madkaikar, Adv. For respondents. CORAM: B.R. GAVAI, J. 6th Jan., 2011 PC: This application is filed in peculiar facts. The respondent No.1 has filed a suit against the the present applicants and respondent No.2-MHADA challenging the order passed by the Officer of MHADA. It appears that in the said suit no written statement order came to be passed against the present applicant. Notice of Motion was filed for setting aside the no written statement order and the same was rejected. Being aggrieved thereby appeal against the order came to be filed before this Court. Same was allowed vide order dated 9.10.2007 subject to costs which were quantified at Rs.5000/-. It is the contention of the applicant that under misconception costs were sought to be paid to the Legal Aid Committee of this Court. However on realizing the mistake the cheque was delivered to the counsel for respondent No.1. It further appears that there was delay and costs could not be paid within period gst 2 caa1297.09.6.1.sxw stipulated by this Court. As such the notice of motion came to be filed before learned trial court for taking written statement on record. Same was rejected. Being aggrieved thereby Writ Petition No.5771/09 has been filed before this Court. However it appears that on 4.8.09 said writ pet9ition was adjourned to enable the counsel for the present applicant to file an application for extension of time as was directed by this Court by order dated 9.10.07. 2. It appears that the costs could not be paid to the respondent No.1 within stipulated period under misconception that the costs were required to be paid to the Legal Aid Committee. 3. In that view of the matter, I am inclined to allow the civil application. Time for depositing the costs is extended by one month from today. Costs of Rs.5000/- to be deposited in the trial Court. On such deposit being made respondent No.1 shall be at liberty to withdraw the same. On costs being deposited learned trial court would take written statement of the applicant on record in pursuance of order dated 9.10.07. gst 3 caa1297.09.6.1.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. APEAL FROM ORDER NO. 815 OF 2007. Smt.Manda Maninath Palwankar... .... .... Applicant. V/s Parshuram Sahadeo Gawade & Anr. .... .... Respondents. Mr.Nitesh Bhutekar, i/by U.P.Warunjikar, Adv. For the applicant. Mr.S.K.Paranjape i/by P.S.Madkaikar, Adv. For respondents. CORAM: B.R. GAVAI, J. 6th Jan., 2011 PC: In view of the order passed in Civil Application No.197 no orders are necessary on aforesaid Appeal From Order. Hence the same stands disposed of.