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Bombay High CourtCAO/141/2018allowed

Shri Devidas Sakharam Godge v. Sudhagad Education Society And ORS.

2018-08-31Hon'Ble Smt. Justice S.S. Jadhav2 pages

11- CAI 141 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 141 OF 2018 IN REVIEW PETITION (ST) No. 24397 OF 2017 IN WRIT PETITION No. 3613 OF 2016 Shri Devidas Sakharam Godge ...Applicant/Petitioner Vs.

Sudhagad Education Society and Ors.

...Respondents

****** Mr. Sharad Bhosale i/b. Mr. Dilip Bodake for Applicant Mr. Mandar Limaye for Respondent Nos.1 and 2 Ms. Mansi Bane -AGP ****** CORAM : SMT. SADHANA S. JADHAV, J.

DATE: AUGUST 31, 2018 P.C.

1.

This is an application seeking condonation of delay in filing a review petition. There is a delay of 299 days.

2.

The learned counsel for the Applicant orally submits that although the order was passed on 28th September, 2016, according to him, for obtaining the certified copy, he was applied on 29th September, 2016 and the copy was ready on 24th January, 2017 and was delivered on 31st January, 2017. According to the V.A. Tikam 1/2

learned counsel, the Review Petitioner was advised by his local advocate to file a review petition and accordingly the learned counsel had taken steps for filing review petition. The Applicant was suffering from economic stringencies and, therefore, could not prosecute the matter diligently. 3.

For the reasons assigned in paragraphs 4 and 5, the application deserves to be allowed.

4.

Civil Application No. 141 of 2018 is allowed. The delay of 299 days in filing the review petition is condoned 5.

In the interest of justice, the learned counsel for the Review Petitioner to deposit a costs of Rs.500/- with the Registry within one week from today. [SMT. SADHANA S. JADHAV, J.] V.A. Tikam 2/2