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Bombay High CourtIA/351/2022dismissed

Sandeep Dharmpal Lohat And ORS v. Central Bank Of India, Chairman And Managing Director And ORS

2022-01-28Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice K.R. Shriram2 pages

KVM 1/2 1 - IA 351 OF 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION KANCHAN VINOD MAYEKAR KANCHAN VINOD MAYEKAR Date: 2022.01.28 16:15:10 +0530 INTERIM APPLICATION NO. 351 OF 2022 IN REVIEW PETITION (ST) NO. 23414 OF 2021 ALONGWITH REVIEW PETITION (ST) NO. 23414 OF 2021 IN WRIT PETITION NO. 7559 OF 2014 Sandeep Dharmpal Lohat & Ors.

..... Applicants/ Org.Petitioners

VERSUS

Central Bank of India & Ors.

..... Respondents Mr.Sanjay Singhvi, Senior Advocate, i/b. Mr.Rahil Fazelbhoy for the Review Petitioners.

Mr.Sanjay Udeshi, a/w. Mr.Netaji Gawade, i/b. Sanjay Udeshi & Co. for the Respondent nos. 1 and 2.

CORAM: R. D. DHANUKA AND K.R.SHRIRAM, JJ.

DATE : 28th JANUARY, 2022 (Through Video Conference) P.C:- By this interim application, the applicants seek condonation of delay of 6 years and 226 days which is not even mentioned in the prayer clause (b) of the interim application. However, we have considered the number of days as computed by the Office for the

KVM 2/2 1 - IA 351 OF 2022.doc purpose of deciding this application.

2.

We have heard Mr.Singhvi, learned senior counsel for the applicants and Mr.Udeshi, learned counsel for the respondent nos.1 and

2. The petitioners seek recall of the order passed by this Court on 20th March, 2015 dismissing the writ petition filed by the applicants. 3.

A perusal of the record indicates that the respondents had also filed Special Leave Petition bearing Diary No. 38240 of 2018 which also came to be dismissed by the Supreme Court on the ground of delay by an order dated 6th February, 2019. We have minutely considered the averments made in the interim application and are of the view that the gross delay of 6 years and 226 days has not been explained at all. No case is thus made out for condonation of gross delay of 6 years and 226 days. Interim application is accordingly dismissed.

4.

In view of the dismissal of the interim application, review petition is also dismissed. No order as to costs. [K.R.SHRIRAM, J.] [R.D.DHANUKA, J.]