SK.IBRAHIM SK.RASOOL Vs. MOHOMMAD ZAHIR MOHAMMAD

JUDGEMENT

(1.) This is an application filed on behalf of the appellant in this disposed of appeal seeking extension of time for depositing amount of costs, in terms of judgment and order dated 4.9.2017 passed by this Court while disposing of Second Appeal No.157 of 2017.

(2.) By the said judgment and order dated 4.9.2017, this Court had held that the First Appellate Court ought to have condoned the delay and the applicant/appellant was directed to pay costs of Rs.5, 000/- to the respondent no.1 within a period of four weeks from the date of the said judgment and order. The parties were directed to appear before the Appellate Court on 18.9.2017.

(3.) It is stated in this application that the counsel for the applicant had approached the office of the Appellate Court in order to deposit the aforesaid amount of Rs.5, 000/- in terms of the judgment and order dated 4.9.2017, relying upon the copy of the said judgment and order obtained from the official website of this Court. But, the office of the Court below refused to accept the said amount on the ground that it would do so, only when an official copy of the order dated 4.9.2017 was received from this Court. An affidavit of the local counsel appearing on behalf of the applicant/appellant has been annexed to this application, wherein the said counsel has vouched for the aforesaid facts stated in the application filed on behalf of the applicant/appellant. It is further pointed out in the application that eventually the official copy from this Court reached the office of the Court below on 10.2017, by which time the period of four weeks granted by this court had expired. In this backdrop, this application for extension of time to deposit costs has been filed.