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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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