AJN 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.447 OF 2006 IN WRIT PETITION NO.2020 OF 1993 Office notes, office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. : : : : : Court's or Judge's Orders Ms. Kirti Kokil for the applicants. Mr. P.N. Joshi for the respondents. CORAM : SMT. RANJANA DESAI, J. DATED : 25TH APRIL, 2006. P.C.:- Heard the learned counsel for the parties. On 1/12/2005, on civil application No.1632 of 2005, Justice V.C. Daga had observed as under : “However, considering the peculiar facts of this case and non- compliance of the undertaking and the delay caused in moving Application, Civil Application is AJN 2 allowed subject to payment of cost in the sum of Rs.5,000/- to be paid to the Respondents from today within one week. Payment of cost shall be condition precedent failing which, Application shall stand automatically dismissed without reference to the Court.” I am informed by the learned counsel for the applicants in this civil application that as per the order of Justice Daga, the applicants have paid an amount of Rs.5,000/- to the respondents by cheque. The cheque has been encashed. It appears that there was some delay in making this payment. In view of the fact that the cheque has already been encashed, the delay in making payment is condoned. Needless to say that since as per Justice Daga's order, money has been paid, the dismissal of Civil Application No.1632 of 2005 is set aside. Civil Application No.1632 of 2005 is restored to the file. Prayer clause (b) of this civil application is granted. AJN 3 The learned counsel for the applicants says that the trial court has stopped accepting the rent from the respondents. The learned counsel for the respondents will be at liberty to show this order to the trial court. Civil application is disposed of. (SMT. RANJANA DESAI, J.)