Union Of India Thr Its General Manager, S.C.R. Secunderabad v. Mira Jagannath Vibhute And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 902 CIVIL APPLICATION NO.2602 OF 2020 IN REVIEW APPLICATION ST. NO.4717 OF 2020 UNION OF INDIA THROUGH ITS GENERAL MANAGER, S.C.R. SECUNDERABAD
VERSUS
MIRA JAGANNATH VIBHUTE AND OTHERS ...
Mr. Manish V. Navandar Advocate for Applicant. Mr. M.P. Ambekar Advocate for Resp. Nos. 1 to 3. ...
CORAM: SMT. VIBHA KANKANWADI, J.
DATE : 23rd MARCH, 2023 ORDER :
1.
Present Application has been filed for getting the delay of 107 days condoned in filing review application. 2.
Heard learned Advocate Mr. Navandar appearing for the applicant and learned Advocate Mr. Ambekar appearing for the respondents.
3.
The learned Advocate for the applicant submits that after the Judgment was pronounced on 19th September 2019 in First
Appeal No.4510 of 2017 by this Court, he had intimated the same to the applicant by letter dated 27th September 2019 along with the legal opinion and then after taking advise from the other departments it was finally advised by the law branch to prefer review application as regards the interest and costs amount. It is stated that by mail dated 17th November 2019 it was informed to the learned Advocate for the applicant that he should prefer the review application, however, due to illness the learned Advocate for the applicant he could not draft the review application immediately.
4.
Learned Advocate for respondents strongly opposed the Application and submitted that no reasonable, much less sufficient ground has been shown for condoning the delay in preferring review application.
5.
There is delay of 107 days and taking into consideration the fact that the Union of India acts through various departments and also the fact that though the intimation was given within a reasonable time, the learned Advocate, because of his own ill-health, could not draft it, there appears to be reasonable and sufficient ground to condone the delay. Under
such circumstance, the Application stands allowed and disposed of.
6.
The Registry to verify and register the review application. 7.
The review application be placed for further consideration on 3rd April 2023 at 4.30 p.m.
[ SMT. VIBHA KANKANWADI, J. ] asb/MAR23