Bombay High Court
Mahendra Yadavrao Fuse vs Navin Subhedar Nagari Saha. Pat ... on 21 April, 2022
Bench: Manish Pitale
5-CAW858.22.odt
1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLN. (W) NO. 858 OF 2022
IN
WRIT PETITION NO. 5450 OF 2021
Mahendra Yadavrao Fuse
-Vs.-
Navin Subhedar Nagari Sahakar Sanstha Nagpur
----------------------------------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
----------------------------------------------------------------------------------------------------------------------
Mr.D.N.Mudgale, counsel for the petitioner.
Mr. A. Deshmukh, counsel for original respondent No.1.
CORAM : MANISH PITALE, J.
DATE : 21.04.2022
The applicant is the original petitioner and he is
seeking extension of time of two months to pay balance
amount in terms of the undertaking given before this
Court when the writ petition stood disposed of by order
dated 08/02/2022.
2. The writ petition arose out of an order passed
by the Maharashtra State Cooperative Appellate Court
rejecting an application for condonation of delay in
filing appeal.
3. The impugned order of the aforesaid Court was
quashed and the delay stood condoned, subject to the
applicant depositing Rs.10,00,000/- by 31/03/2022, in
the context of the outstanding loan amount. It was
made clear that if the undertaking given to this Court of
depositing of Rs.10,00,000/- was not complied with, the
KHUNTE
5-CAW858.22.odt
rejection of condonation of delay would stand revived.
It was also directed that till 31/03/2022, no coercive
recovery would be made from the petitioner.
4. In the present application, it is stated that
despite best efforts, the applicant has been able to
deposit only Rs.2,50,000/-. It is then stated that the
applicant is making all efforts to deposit the balance
amount of Rs.7,50,000/- by selling agricultural land
belonging to the applicant. On this basis, it is submitted
that this Court may grant extension of time of two
months to deposit the balance amount of Rs.7,50,000/-.
5. The learned counsel appearing for the non-
applicant has strongly opposed the present application.
This Court has perused the judgment and order dated
08/02/2022, whereby the writ petition was disposed of.
A clear undertaking was given on affidavit by the
applicant that he would deposit amount of
Rs.10,00,000/- by 31/03/2022. Considering the
undertaking given, this Court had shown indulgence in
favour of the applicant.
6. The present application for extension of time by
two months was filed on 08/04/2022, which was
beyond the last date as per the aforesaid undertaking
i.e. 31/03/2022.
7. This Court is of the opinion that by way of
indulgence and as a matter of last chance, the present
application can be partly allowed. The applicant is
granted further time of six weeks to pay/deposit the
KHUNTE
5-CAW858.22.odt
balance amount of Rs.7,50,000/-. It is made clear that
if the said balance amount is not paid/deposited within
six weeks from today, the rejection of condonation of
delay shall stand revived. It is further made clear that
this Court is not extending direction (v) in the judgment
and order dated 08/02/2022, whereby it was directed
that no coercive recovery would be made till
31/03/2022. Thus, although the applicant is granted
further time of six weeks to pay/deposit the balance
amount of Rs.7,50,000/-, the direction of not taking
coercive steps is not extended any further. The
application stands disposed of accordingly.
JUDGE
Signed By:GHANSHYAM S
KHUNTE
Signing Date:22.04.2022 18:27
KHUNTE
