Popat Jaysing Awale vs. Shamrao Dattu Landage

Order - Status 5: IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.524 OF 2006 IN FIRST APPEAL (ST.)NO.27425 OF 2005 Popat Jaysingh Awale. ..Applicant. V/s. Shamrao Dattu Landage & Ors. ..Respondents. Ms.Manda Loke for S.S.Kulkarni for applicant. CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 14, 2006. P.C. : Heard counsel for the applicant. Rule, returnable on 14th March, 2006. Applicant to serve the respondent(s) by advocate's notice either personally and/or by courier and/or by speed post and/or by RPAD and/or by email and/or by fax and file affidavit of service before the returnable date.

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.524 of 2006. IN FIRST APPEAL ST.NO.27425 OF 2005. Office notes, office memoranda of Coram, appearances, Court's Court's or Judge's orders. orders or directions and Registrar's orders. ----------------------------------------------------------------- Ms.Manda Loke for Shri S.S.Kulkarni for the Applicant. CORAM : ABHAY S.OKA, J. DATED : 14th MARCH, 2006. P.C.: 1.Await service till 7th April 2006. 2.Till next date the order of stay granted in Civil Application No.687 of 2006 will continue to operate. If the Respondents are not served on or before the next date, ad-interim relief will not be continued. Judge.

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.524 OF 2006 IN FIRST APPEAL ST.NO.27425 OF 2005 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.Sachin Chavan i/b Mr.S.S.Kulkarni for the Applicant Mr.Amit Sale for Respondent Nos.1 to 4. CORAM: A.S.OKA, J. DATED: APRIL 21, 2006. P.C.: Heard Advocates for the parties. The prayer is for waiver of the requirement of the deposit under sub section 1 of section 173 of the Motor Vehicles Act, 1988. On plain reading of the proviso to sub section 1 of section 173, it is clear that the requirement of deposit of Rs.25,000/ is mandatory and the court has no power to grant exemption. Hence, Application is rejected. Time of six weeks is granted to deposit the amount of Rs.25,000/-. If the amount is not deposited within stipulated period, First Appeal and all pending Civil Applications will stand dismissed for want of prosecution. Ad-interim relief granted in Civil Application No.687 of 2006 will continue to operate only for a period of six weeks from today. Civil Application is disposed of in above terms. Judge.