Dinesh S/O Baburao Kotangale vs Kamal W/O Prabhakar Gonnade And ...
2021 Latest Caselaw 10972 Bom

                                                1                                MCA 394-2021.odt


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

                 Misc. Civil Application (Review) No. 394/2021 in
                             Writ Petition No.1054 /2021

          Dinesh S/o Baburao Kotnagale Vs. Kamal W/o Prabhakar Gonnade and Others

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Office Notes, Office Memoranda of Coram,                                Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                               Mr. P.S. Wathore, Advocate for the applicant


                                                          CORAM : MANISH PITALE, J.

DATED : AUGUST 12, 2021

By this Application, the applicant seeks review of the order dated 30/06/2021, passed by this Court. It is contended that since the hearing was undertaken by virtual mode, the learned counsel appearing for the applicant could not place the entire factual backdrop, leading to filing of the Writ Petition. It is contended that by the Writ Petition an order dated 03/02/2021, passed by the School Tribunal was challenged, whereby an application for dismissal of the appeal was rejected.

2. It is submitted by the learned counsel for the applicant that therefore, the order passed on 30/06/2021, needs to be reviewed.

2 MCA 394-2021.odt

3. Having perused the contents of the review application, this Court is not convinced as regard the reviewing or recalling the order dated 30/06/2021. Yet, the alternative prayer for modification of the order so as to grant further time to the School Tribunal for deciding the appeal appears to be justified.

4. Hence, issue notice to the non-applicants to show cause as to why order ought not to be modified to the above extent, returnable on 17/08/2021.

5. Hamdast granted.

6. The applicant is further granted liberty to place the copy of this order before the School Tribunal, where the appeal is now said to be listed on 18/08/2021.

7. In the meanwhile, the Tribunal shall not render judgment in the appeal.

JUDGE MP Deshpande