Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member

          Heard Mr.Noronha, Advocate for the appellant and Mr.S.N. Chataule, Advocate for the respondent.

We have passed an order condoning the delay on payment of costs of `5,000/- payable to the respondent.  Then on 29/08/2012, Advocate Mr.Noronha made an application that he should be given two weeks time to make payment of costs pertaining to condonation of delay.  On his request, we have given two weeks time to pay `5,000/- to the respondent and further mentioned that if within two weeks appellant failed to make payment to the respondent, for non-payment of costs, appeal will automatically stands dismissed.  This order dated 29/08/2012 is not till today complied with by the appellant.

Today 18/09/2012 Mr.Noronha says that cheque is ready and he is ready to give it to the respondent.  This is not permissible in law for the simple reason that we have no review powers.  Moreover, conditional order passed in Misc. Application No.577/2011 is dated 09/04/2012 and today, even after extension of time of two weeks on 29/08/2012, applicant/appellant has not paid the amount of costs to the respondent.  As such even if the appellant is ready and willing to give cheque today, since our order dated 29/08/2012 is self-operative since within two weeks from 29/08/2012 the payment has not been made, the appeal stands automatically dismissed.  Copies of the order be furnished to the parties.

Pronounced

Dated 18^th September 2012.