Bombay High Court
MS SAI TECH PHARMACEUTICALS PVT LTD THR ITS DIRECTO MR RAJAN GOPINATH THAKURversusM S NAROLENE TEXTILE MILL PVT LTD
- Decided
- Disposal
- Allowed
Holding
The appellant must deposit Rs.70,000 in the Legal Aid Fund within three weeks, and the delay in filing the application is condoned.
Summary
The High Court entertained an interim application filed in a first appeal that had been disposed by consent on 9 March 2023, wherein the appellant was directed to pay Rs.50,000 to the Legal Aid Fund within two weeks. More than three years elapsed without payment, and the respondent sought an increase in the amount. The appellant offered no satisfactory reason for the delay but indicated readiness to pay now. The Court, agreeing with the respondent, increased the payable amount to Rs.70,000, condoned the delay in filing the application, and ordered payment within three weeks. The application was thereafter disposed.
Issues considered
- Whether the appellant should be compelled to pay the amount directed in the earlier order
- Whether the amount payable to the Legal Aid Fund should be increased
- Whether the delay in filing the interim application can be condoned
Subjects
- Legal Aid Fund
- Compliance with court order
- Interim application
- Condonation of delay
- Increase of amount
Judgment
1/3 07-IA-6233-26-IN-FA-840-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.6233 OF 2026
IN
FIRST APPEAL NO.840 OF 2024
M/s. Sai Tech Pharmaceuticals Pvt. Ltd .... Applicant
versus
M. S. Narolene Textile Mills Pvt. Ltd. .... Respondent
…....
• Mr. Amey Hadwale a/w Ms. Geeta Lundwani a/w Sweeni
Salija, Advocate for Applicant.
• Mr. Hamza Lakhani a/w Mr. Santosh Yadav i/b. R.V. & Co.,
Advocate for Respondent.
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 03rd SEPTEMBER, 2026
P.C. :
1. This is application in the disposed of First Appeal,
which was disposed of vide the order dated 09/03/2023 passed
on the consent terms between the parties.
MANUSHREE 2. The paragraph No.9 of the said order records that the
NESARIKAR
Digitally signed
by MANUSHREE
NESARIKAR
Appellants were directed to pay Rs.50,000/- to the High Court
Date: 2026.09.05
11:12:16 +0530
Legal Aid Fund, Account No.60045304283, IFSC-
Nesarikar
2/3 07-IA-6233-26-IN-FA-840-24.odt
MAHB0000002, of Bank of Maharashtra, Branch-Fort, Mumbai-
400 032, maintained by the High Court Legal Services
Committee, Mumbai.
3. This order was passed on 09/03/2023 and the amount
was directed to be paid within a period of two weeks from the
date of order. More than 3 years have passed and till today, the
amount is not deposited. Learned counsel for the original
Respondent submitted that even the decree is not drawn,
pursuant to the said order dated 09/03/2023 because of non-
compliance of the said order. He submitted that the Appellant be
directed to pay some more amount.
4. We find that there is no acceptable reason pointed out
by the learned counsel for the Appellant as to why the amount
was not deposited within two weeks. However, he states that
today he is in a position to deposit that amount as early as
possible as directed by this Court.
5. We agree with the learned counsel for the Respondent
3/3 07-IA-6233-26-IN-FA-840-24.odt
that the amount needs to be increased now. Therefore, following
order is passed :
6. Hence, the following order :
ORDER
(i) The delay in filing this application is condoned.
(ii) The Appellant shall now deposit Rs.70,000/-
instead of Rs.50,000/- within a period of three
weeks from today, in the same account as
mentioned in the order dated 09/03/2023.
(iii) With these directions the application is disposed
of.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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