Bhartibai Ramesh Kambale v. Maharashtra Gramin Bank Through Its Chairman

1498.23ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO.1498 OF 2023 IN/WITH CAST NO.2923/2023 IN RAST/2771/2020 IN WP/12405/2019 SMT. BHARTIBAI RAMESH KAMBALE

VERSUS

MAHARASHTRA GRAMIN BANK THROUGH ITS CHAIRMAN ....

Mr W. N. Nayse, Advocate for Applicant Mr P. L. Shahane, Advocate for Respondent CORAM : RAVINDRA V. GHUGE, J.

DATE : 15th June, 2023 PER COURT:

1.

The applicant prays for condonation of delay caused in seeking restoration of Civil Application (St.) No.2923/2023 in Review Application (St.) No.2771/2020.

2.

I have considered the submissions of the learned Advocates for the respective sides, more particularly, the strenuous objection raised by the Respondent. The delay is of 329 days and considering the reasons cited, the same cannot be termed as being deliberate or inordinate.

1498.23ca (2) 3.

Considering the law laid down by the Hon'ble Supreme Court in Collector, Land Acquisition, Anantnag v/s Mst. Katiji, AIR 1987 SC 1353 and Esha Bhattacharjee v/s Managing Committee of Raghunathpur Nafar Academy, (2013) 12 SCC 649, this application is allowed. The order of the learned Registrar (Judicial) is set aside on the following conditions :- (a) If the applicant removes all office objections in Civil Application (St.) No.2923/2023, if already not removed, within a period of 30 days from today, the said application shall be restored.

(b) If the above order is not complied with, the order of the learned Registrar (Judicial) shall stand restored. (RAVINDRA V. GHUGE, J.) sjk