Union Of India Thr Its General ... vs Mira Jagannath Vibhute And Ors
2023 Latest Caselaw 2823 Bom

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               BENCH AT AURANGABAD


               902 CIVIL APPLICATION NO.2602 OF 2020
                              IN
            REVIEW APPLICATION ST. NO.4717 OF 2020

      UNION OF INDIA THROUGH ITS GENERAL MANAGER, S.C.R.
                        SECUNDERABAD
                           VERSUS
             MIRA JAGANNATH VIBHUTE AND OTHERS

                  ...
      Mr. Manish V. Navandar Advocate for Applicant.
      Mr. M.P. Ambekar Advocate for Resp. Nos. 1 to 3.
                  ...

                 CORAM:         SMT. VIBHA KANKANWADI, J.

                 DATE :         23rd MARCH, 2023

 ORDER :

1. Present Application has been filed for getting the delay of

107 days condoned in filing review application.

2. Heard learned Advocate Mr. Navandar appearing for the

applicant and learned Advocate Mr. Ambekar appearing for the

respondents.

3. The learned Advocate for the applicant submits that after

the Judgment was pronounced on 19th September 2019 in First

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Appeal No.4510 of 2017 by this Court, he had intimated the

same to the applicant by letter dated 27 th September 2019 along

with the legal opinion and then after taking advise from the

other departments it was finally advised by the law branch to

prefer review application as regards the interest and costs

amount. It is stated that by mail dated 17 th November 2019 it

was informed to the learned Advocate for the applicant that he

should prefer the review application, however, due to illness the

learned Advocate for the applicant he could not draft the review

application immediately.

4. Learned Advocate for respondents strongly opposed the

Application and submitted that no reasonable, much less

sufficient ground has been shown for condoning the delay in

preferring review application.

5. There is delay of 107 days and taking into consideration

the fact that the Union of India acts through various

departments and also the fact that though the intimation was

given within a reasonable time, the learned Advocate, because of

his own ill-health, could not draft it, there appears to be

reasonable and sufficient ground to condone the delay. Under

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such circumstance, the Application stands allowed and disposed

of.

6. The Registry to verify and register the review application.

7. The review application be placed for further consideration

on 3rd April 2023 at 4.30 p.m.

[ SMT. VIBHA KANKANWADI, J. ]

asb/MAR23