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Bombay High CourtNMW/87/2015

Khan Najma Begum v. State Of Maharashtra And 10 ORS.

2015-10-23Hon'Ble Shri Justice A. K. Menon,Hon'Ble Shri Justice V.M. Kanade2 pages

NMW. 87-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 87 OF 2015 IN REVIEW PETITION (L) No. 82 OF 2014 IN WRIT PETITION No. 188 OF 2014 IN NOTICE OF MOTION No. 468 OF 2011 IN REVIEW PETITION (L) No. 50 OF 2011 IN WRIT PETITION No. 741 OF 2010 WITH RESTORATION APPLICATION No. 397 OF 2015 IN REVIEW PETITION (L) No. 82 OF 2014 IN WRIT PETITION No. 188 OF 2014 IN NOTICE OF MOTION No. 468 OF 2011 IN REVIEW PETITION (L) No. 50 OF 2011 IN WRIT PETITION No. 741 OF 2010 Mrs. Khan Najma Begum ...

Petitioner Vs.

State of Maharashtra & Ors.

...

Respondents *** Mr. Dinesh Tiwari a/w Swapnil Ambre, for the Petitioner. Mr. D. A. Nalawade, Government Pleader for Respondent No. 1. Mr. G. D. Utangale i/b Utangale & Co. for Respondent No. 2. Mr. Madhur S. Surana, for Respondent No. 10.

*** 1 / 2

NMW. 87-15 CORAM : V. M. KANADE, & ` A. K. MENON, JJ.

DATE : OCTOBER 23, 2015 PC.

1.

In our view, sufficient cause has not been shown for condonation of delay in filing the review petition. In paragraph 4 of the order dated 11th August, 2014 it is noted that additional material is available with the Petitioner which exposes a fraud on the date on which the order dated 11th August, 2014 was passed. The Petitioner had already relevant material with her. Even thereafter immediately no steps have been taken. The contention of the Petitioner that she has now some further information, and therefore, there was delay, cannot be accepted. Hence, the delay caused in filing the review petition is not condoned, and Notice of Motion No. 87 of 2015, taken out for condoning the delay, is dismissed.

2.

In view of dismissal of the motion, Review Petition (L) No. 82 of 2014 does not survive. Reserving the right of the Petitioner to approach the Apex Court, review petition is disposed of. Sd/- Sd/- [A. K. MENON, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2