Arun S/O Ganesh Sonkusale vs Maharashtra State Electricity ...

Citation : 2023 Latest Caselaw 1079 Bom
Judgement Date : 1 February, 2023

Bombay High Court
Arun S/O Ganesh Sonkusale vs Maharashtra State Electricity ... on 1 February, 2023
Bench: Avinash G. Gharote
                                                        1                               923.CAO.127-2023.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                  CIVIL APPLICATION (CAO) NO. 127 OF 2023
                                     IN
               MISC. CIVIL APPLICATION (ST) NO. 21770 OF 2022
                                     IN
                     WRIT PETITION NO. 5914 OF 2019(D)
                     ( Arun s/o Ganesh Sonkusale
                                    Vs.
   Maharashtra State Electricity Distribution Co. Ltd., Thr. Its Managing
                            Director & Ors. )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. R.V. Gaikwad, Advocate for the Applicant.
                                  Mr. S.V. Purohit, Advocate for the Non-applicant/s.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 1st FEBRUARY, 2023 The application seeks condonation of delay of 39 days in filing the application for review. Accepting the reasons given, the application is allowed.

2. Office to register the review.

MISC. CIVIL APPLICATION (ST) NO. 21770 OF 2022 The application seeks review of the order dated 11.10.2022 passed in Writ Petition No. 5914/2019 on the ground that since the appointment of the Ombudsman was held to be invalid by the learned Division Bench of this Court by the judgment dated 15.03.2022 passed in Writ Petition No. 8400/2019 2 923.CAO.127-2023.odt (page 55-A), the impugned order needs to be reviewed as according to the learned counsel, the Ombudsmen would not have the authority, to entertain the review, which has been allowed by the order dated 28.05.2019 (page 55). Merely because the appointment of the Ombudsmen has been held to be invalid, that by itself cannot be a ground to permit review, as by such invalidity regarding his appointment, the orders passed by the Ombudsmen are not wiped out, considering which, I do not see any ground made out for review.

2. The application is therefore dismissed. No costs.

JUDGE SD. Bhimte Signed By:SHRIKANT DAMODHAR BHIMTE Signing Date:01.02.2023 18:08