Shri. Dattatraya Nathu Chavan And ANR. v. Uco Bank And ORS.

1/2 cao-6-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6 OF 2016 IN REVIEW PETITION (ST) NO.28608 OF 2015 IN WRIT PETITION NO.10028 OF 2013 ...

Shri Dattatraya Nathu Chavan and anr.

...Applicants v/s.

UCO Bank and ors.

...Respondents

...

Shri Sanjeev J. Rairkar for the Applicants.

(in Chamber at 2.40 p.m.) ...

CORAM : A.A.SAYED, J.

DATED : 28 JANUARY 2016 P.C.:

This Civil Application is taken out by the Applicant/Review Petitioner for condonation of delay of 687 days in preferring the Review Petition which seeks review of the order dated 3 December 2013. 2.

The only ground on which the condonation of delay is sought is that the Petitioner No.1 was suffering from depression with anxiety and was under the treatment of one Dr.Narayan R. Kshirsagar. 3.

The certificate of Dr.Narayan R. Kshirsagar reads as under: "This is to certify that Shri Dattatraya Nathu Chavan was suffering from depression with anxiety. He was not able to do daily work and routine for last 2 years."

Uday P. Kambli 1/2

2/2 cao-6-16.doc 4.

It is noticed that the said Dr.Narayan R.Kshirsagar is a Consultant Surgeon and not an expert in the field of Psychiatry. Besides, except for this certificate no other documents are relied upon. It is also seen that the Review Petitioner has not been diligent in the past too, as is evident from the order dated 3 December 2013 impugned in the Review Petition. 5.

In the circumstances, I am not inclined to condone the delay, as I am not satisfied that the Petitioner has made out sufficient cause for condoning the delay of 687 days.

6.

The Civil Application shall accordingly stand dismissed. Needless to say the Review Petition, which is yet to be numbered, would not survive and would also stand disposed of.

(A.A. SAYED, J.) Uday P. Kambli 2/2