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Bombay High CourtCA/13764/2019disposed offdismissed for default

Ramdas Ganpat Miskin v. The State Of Maharashtra And Others

2019-11-27Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Anil S. Kilor1 pages

905ca13764-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO.13764 OF 2019 IN REVIEW APPLICATION (ST)NO.23788/2016 RAMDAS GANPAT MISKIN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS R ...

Advocate for Applicant : Mr Kulkarni Sudhir D. AGP for Respondents State: Mr S. P. Sonpawale Advocate for Respondent Nos : 4 and 5: Mr. S. B. Deshpande, ASG

CORAM

: PRASANNA B. VARALE & ANIL S. KILOR, JJ.

DATE : 27th November, 2019 ORDER:

1.

Mr. Kulkarni, learned counsel appearing for the applicant invited our attention to the order passed by the Hon'ble Supreme Court dated 01.07.2016, placed on record as Annexure R-3 and submitted that an application seeking review of the order was immediately filed in this Court on 01.08.2016. Mr. Kulkarni submits that though the application seeking review was filed on 01.08.2016, as an abundant caution, applicants were collecting necessary documents in support of their submission and took some time. It is submitted that on erroneous expression, the office raised objection respect of delay caused in filing the application. 2.

Thus, submission of Mr. Kulkanri and sequence of events clearly shows that there is no delay caused and delay, if any, as presumed by the office is only for bonafide reasons. We find considerable merits in the submissions of Mr. Kulkarni. Hence the application is allowed.

3.

Civil application is accordingly disposed of. (ANIL S. KILOR, J.) (PRASANNA B. VARALE J.) JPC