Nanasaheb Madhukar Sakhare v. Purandhar Shikshan Prasarak Mandal, Waghapur And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 2660 OF 2015 IN REVIEW PETITION (ST). NO. 15023 OF 2014 IN WRIT PETITION NO. 3679 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Nanasaheb Madhukar Sakhare, Applicant in person present.

Mr. V. S. Kapse i/b Shailesh Chavan for the Respondent Nos. 1 and 2.

None for Respondent Nos. 3 and 4.

CORAM : K. K. TATED, J.

DATED : 20/12/2016 P.C.:

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Heard Mr. Nanasaheb Madhukar Sakhare, Applicant in person and Mr. V. S. Kapse for the Respondent Nos. 1 and 2. None for Respondent Nos. 3 and 4, though duly served.

This application is preferred by original petitioner for condonation of 21 days delay in filing Review Petition to review the order dated 12.02.2014 passed by this Court in Writ Petition No. 3679 of 2013.

Applicant party in person submits that he was not keeping well and therefore, it remained on his 1/3

part to apply for certified copy immediately. In support of his contention, he relies on medical certificate issued by Dr. Khade Vinayak M. dated 17.06.2014. He submits that in the interest of justice, this Hon'ble Court be pleased to condone the delay in filing review petition. He submits that if delay is not condoned, irreparable loss will be caused to him. He submits that he has good chance of success in the Review Petition.

The learned Counsel for the respondent vehemently opposed the present Civil Application. He submits that the applicant has not shown sufficient cause for condonation of delay. Hence, there is no substance in the present Civil Application and same to be dismissed with costs.

I heard both the sides at length. It is to be noted that applicant placed on record the medical certificate issued by Doctor dated 17.06.2014. Considering this fact and reasons disclosed in the Civil Application, I am satisfied that applicant has made out case for allowing the Civil Application. Hence, following order is passed:

a) Delay in filing review petition is condoned.

b) Applicant to remove all office objections in review petition on or before 20.01.2017, failing which review petition shall stands dismissed without 2/3

referring back to the court.

c) Office is directed to register the Review Petition, if all office objections are removed by the applicant.

d) If all office objections re removed by the applicant within stipulated time as stated hereinabove, review petition to appear on board on 03.02.2017.

e) Civil Application is disposed of accordingly.

(K.K.TATED, J.) 3/3