Vidarbha Education Society Mukhed Through The Secretary And Another v. Dr Janka Sangram Pandurne And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7725/2018 IN REVIEW APPLICATION (ST) NO.12956/2018 IN WRIT PETITION NO.3763/2016 VIDARBHA EDUCATION SOCIETY, MUKHED, THROUGH THE SECRETARY AND ANOTHER.

VERSUS

DR.JANKA SANGRAM PANDURNE AND OTHERS.

.....

Shri V.D. Gunale, Advocate for applicants.

Shri Amol Joshi h/f Shri R.S. Deshmukh, Advocate for respondent no.1.

Shri S.W. Munde, AGP for respondent nos.4 & 5. Shri Anil S. Shivpuje, Advocate for respondent nos.6 & 7. Shri V.P. Latange, Advocate for respondent nos.2 & 3. .....

CORAM: V.L. ACHLIYA & K.K. SONAWANE, JJ.

DATE: 02.07.2019 PER COURT :

1] Shri V.P. Latange, learned counsel appears for respondent nos.2 & 3. Shri A.S. Shivpuje, learned counsel appears for respondent nos.6 & 7 and undertakes to file Vakalatnama within two weeks. By consent, the

- 2 - application is taken up for hearing.

2] Present application is filed seeking condonation of 20 days delay in filing review application.

3] Heard learned counsel for the applicants and the respondents.

3] In brief, it is the contention of learned counsel for the applicant that the delay of 20 days caused in filing review application has occurred mainly due to considerable time spent in collecting documents, seeking advice and then arranging to file application for condonation of delay. It is submitted that the applicant is having a good case to succeed in review. In case, delay is not condoned, there is every likelihood that a meritorious matter may be rejected for technical reasons. 4] Learned for the respondents opposed the application on the ground that the cause assigned to condone the delay is false and concocted. It is pointed out that the affidavit was sworn on 22.4.2018. In the application, it is mentioned that the applicant approached the Advocate on 23.4.2018.

5] Shri V.D. Gunale, learned counsel for the applicants submits that the date 23.4.2018 mentioned in the

- 3 - application is a typographical mistake.

6] Considering the reasons assigned and the delay being only of 20 days, I am of the view that the delay deserves to be condoned. Accordingly, the application is allowed and disposed of. Delay is condoned. Review application be registered and notice be issued to respondents returnable on 23.7.2019.

7] S/Shri V.P. Latange; AGP Shri S.W. Munde; Shri A.S. Shivpuje; Shri Amol Joshi h/f Shri R.S. Deshmukh, learned counsel waive service of notices for respective respondents in review application.

8] List the matter on 23.7.2019 alongwith Review Application No.159/2018.

(K.K. SONAWANE, J.) (V.L. ACHLIYA, J.) ndk/c271923.doc