Aurangabad Paper Mills, Aurangabad v. Union Of India And Others

1 910 CA-12403-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 12403 OF 2016 IN R.C. NO. 797 OF 2012 IN WITI PETITION NO. 3860 OF 2010 Aurangabad Paper Mills, Aurangabad.

...Applicant.

Versus

Union of India, through the Collector, Central Excise & Customs, Aurangabad Division, Aurangabad & others.

...Respondents.

Mr. D.S. Ladda, Advocate for respondent Nos.1 to 3. ...

CORAM : S.V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATED : 1st September, 2017.

PER COURT :- .

This is an application seeking the restoration of a Review Application Stamp No.23680/2010. There is a delay of more than 4 years and 266 days in filing the present application. The Writ Petition was decided on merits. Thereafter review petition is filed. The said review petition is rejected for not removing objections in the year 2012 and the application is filed for restoration in the year 2016. No plausible explanation is given for not attending the matter

2 910 CA-12403-16 for four years and 266 days. The reasons mentioned in the application does come within preview of substantial cause. The reasons given itself depicts negligence of the applicant. 2.

The Civil Application is rejected. No order as to costs.

[MANGESH S. PATIL, J] [S.V. GANGAPURWALA, J] nbs