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Bombay High CourtWP/11985/2017allowed

Shri. Chandrakant Baliram Ranaware v. Shri. Dhirajlal Meghajibhai Tank

2021-03-08Hon'Ble Shri Justice C.V. Bhadang3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Sneha N.

Chavan CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11985 OF 2017 by Sneha N.

Chavan Date: 2021.03.09 12:42:17 +0530 Shri. Chandrakant Baliram Ranaware ..Petitioner V/s.

Shri. Dhirajlal Meghajibhai Tank ..Respondent ---- Mr. Abhay Jadhvar a/w Sachin Hande for the Petitioner. Mr. Sandeep Waghmare for the Respondent.

---- CORAM : C.V. BHADANG, J.

DATE : 08th MARCH, 2021 P.C.

1.

The learned counsel for the petitioner points out that demand draft as required by order dated 22.02.2021 has been handed over to the learned counsel for the respondent, who acknowledges the receipt of the same.

2.

The challenge in this petition is to the order dated 11.08.2017 passed by the learned Commissioner, Pune Division, Pune in Application No. 254 of 2017. By the impugned order, the revisional authority has refused to condone the delay of 10 months and 22 Sneha Chavan page 1 of 3

days in filing the revision application challenging the order of the Competent Authority.

3.

I have heard the learned counsel for the parties. Perused record.

4.

The learned counsel for the respondent on instruction states that in the event this court is inclined to condone the delay, the revision may be expedited to be decided in a time bound manner. 5.

I have also considered the grounds and the reasons given for delay. In my considered view, the applicant has made out sufficient cause for not filing the revision application within time. 6.

In such circumstances and in view of concession on behalf of respondent, the petition is allowed. The impugned order is hereby set aside. The delay in filing revision application stands condoned. The revision application No. 254 of 2017 stands restored to the file of the learned Divisional Commissioner for disposal according to law.

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7.

The Revisional Authority to make an endevour to decide the application as expeditiously as possible and preferably within three months from the receipt hereof.

8.

In such circumstances, there shall be no order as to costs. C.V. BHADANG, J.

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