The State Of Maharashtra And Others v. Maheshprasad Dwarkadas Jaiswal And Another

2024:BHC-AUG:4077-DB ca 8612.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 CIVIL APPLICATION NO. 8612 OF 2018 IN RA ST No. 15350 of 2018 The State Of Maharashtra And Others

VERSUS

Maheshprasad Dwarkadas Jaiswal And Another ...

AGP for Applicant : Mr. P S Patil Advocate for Respondents : Mr. U S Mote h/f A H Kasliwal For Petr In Wp .....

CORAM : SMT. VIBHA KANKANWADI & S. G. CHAPALGAONKAR, JJ.

Dated : February 23, 2024 .....

PER COURT :- 1.

Present application is filed for condonation of delay of 166 days caused in filing the review application. 2.

The Respondent had filed Writ Petition No.13545 of 2017 before this court. It came to be allowed on 21.11.2017. Though, learned advocate Mr. Mote holding for Advocate Mr. Kasliwal strongly opposes the application, yet for the reasons given in paragraph nos.4 to 7, delay stands condoned. Taking into consideration the duration of the delay, it deserves to be condoned. 3.

Before the final order is passed, a fact is required to be placed on record that Writ Petition came to be decided on 21.11.2017 and the present application came to be filed on 4.6.2018. Still, it appears that no effective circulation and mentioning was made by the AGP for the applicant, when, in fact, on 13.7.2018, 20.7.2018, 31.8.2018 and 6.9.2018 the same Coram was available to deal with the application for delay as well as the

ca 8612.18.odt review. Thereafter, that means after 14.9.2018, the applicant never got the matter circulated. It is only on 20th Day of this Month (20.2.204), matter is got circulated. This approach on the part of the applicant-State is depreciable and, therefore, we impose costs. Hence, the following order. :-

O R D E R

i.

The application stands allowed and disposed off. ii.

The applicants to deposit a costs of Rs.10,000/- (Rs. Ten Thousand) within a period of one week from today. iii. After the costs is deposited, office to verify and number the Petition and place it before this Court on 15th March, 2024.

( S. G. CHAPALGAONKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) ...

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