Director, Small Industries Service Institute v. M/S. Acme Construction Consultants Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APELLATE JURISDICTION CIVIL APPLICATION NO.699 OF 2014 IN CIVIL REVISION APPLICATION(ST) NO.32831 OF 2014 Director, Small Scale Industries Service ...Applicants V/s.

M/s.ACME Construction Consultants Pvt.Ltd.

...Respondents

---- Mr.Vinod Joshi for the applicants.

---- CORAM: K.R.SHRIRAM, J.

DATED : 17.2.2015.

P.C. :

This civil application is to condone the delay of 2 years and 341 days in filing the Civil Revision Application. In the additional affidavit affirmed on 6.2.2015 of Rajiv Balkrishna Gupte on behalf of the petitioner, it is explained that the department came to know about the judgment passed by the District Court only on 13.6.2012 though the judgment was delivered on 28.9.2011 because the Advocate attending the matter did not inform about the same. Thereafter the matter was sent to the head quarters on 22.6.2012 and the papers were handed over on 3.7.2012 to the Advocate for the applicants. The head quarters granted approval and Advocate was instructed to file this Civil Revision Application on 24.7.2012. There appears to be some slip up in the office of the Advocate on record. In my view, that cannot be a reason to blame the applicant/petitioner.

Therefore, considering the application, the additional affidavit and in the facts & circumstances of the matter, I am inclined to condone the delay.

Civil Application is therefore disposed of in terms of prayer clause-(a). Civil Revision Application be listed for admission in due course.

(K.R.SHRIRAM, J.)