Bombay High Court
NAGU MAHARUDRA SWAMI.versusTHE STATE OF MAHARASHTRA THROUGH COLLEFCTOR OSMANABAD AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that the respondent must accept the costs and extended the deposit period by two weeks.
Summary
The applicant, Nagu Maharudra Swami, sought condonation of delay for filing an appeal, which the court granted on the condition of paying Rs.5,000 costs per appeal within four weeks. The applicant attempted to deposit the costs but the respondent, the State of Maharashtra through the Additional Collector, refused to accept the payment, citing the applicant's delay. The applicant then filed a civil application requesting the court to direct the respondent to accept the costs as ordered. The court examined whether the respondent could lawfully refuse acceptance of the costs due to the alleged delay. It held that the respondent must accept the payment and extended the deadline by two weeks. Consequently, the application was allowed and disposed of.
Issues considered
- Whether the respondent can refuse to accept the court-ordered costs on the ground of delay in deposit
- Whether the court can extend the time for depositing costs
Subjects
- civil procedure
- condonation of delay
- costs payment
- appeal
- court order compliance
Judgment
2026:BHC-AUG:42557
1 926-CA-10515-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
926 CIVIL APPLICATION NO. 10515 OF 2026
IN FA/2405/2026
Nagu Maharudra Swami.
VERSUS
The State Of Maharashtra Through Collefctor Osmanabad And Ors.
...
Mr. Ingale Vivekanand V. for the Applicant.
Dr.Kalpalata Patil Bharaswadkar, Addl. G.P. for the Respondent/State.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 10.09.2026
PER COURT :
1. While deciding the Civil Application seeking condonation of
delay in filing the present Appeal, this Court condoned the delay, subject
to the condition that the Applicant shall pay costs of Rs.5,000/- in each
Appeal to the Respondent/Acquiring Body within a period of four weeks
from the date of the said order. The said order was passed by this Court
on 25th February, 2026.
2. The learned Advocate for the Appellant/Applicant submits
that he had approached the office of the Additional Collector for
depositing the amount of costs as directed by this Court. However, the
said amount was not accepted on the ground that there was a delay in
depositing the costs. Hence, the present Application has been filed
seeking a direction to the Respondents to accept the amount of costs as
directed by this Court.
Sunny Thote
2 926-CA-10515-2026.odt
3. In view of the above, the time to deposit the amount of costs
is extended by a further period of two weeks.
4. The Civil Application is allowed in terms of Prayer Clauses
[A] and [B] and according the same is disposed off.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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