Kalyan Shripati Kaldate And ORS v. The State Of Maharashtra And ORS

2024:BHC-AUG:4904

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 960 CIVIL APPLICATION NO. 13728 OF 2018 IN FA/199/1997 KALYAN SHRIPATI KALDATE AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr.P.B.Rakshunale h/f Bhise Sachin S. AGP for Respondents-State : Mrs. K. R. Jamdhade ...

CORAM : ARUN R. PEDNEKER, J.

Dated : March 07, 2024 PER COURT :- 1.

The learned Advocate for the applicants has moved the present application for restoration of the RAST/23324/2014. The order which is to be reviewed is passed on 01/10/2014. The application was dismissed for non-prosecution on 24/02/2015. The present application is filed for restoration of the Review Application.

2.

The learned Advocate for the applicants submits that although the present application is filed for restoration of the Review Application by condoning the delay of 1311 days and filed in the year 2018, but he moved in 2024.

3.

The learned Advocate for the applicants submits that in the event the review application is allowed, he will not claim any interest or statutory benefits from the date of dismissal of the review application i.e. 24/02/2015 till today.

4.

In view of the same, the Review Application St.No.23324/2014 is restored subject to the condition that the applicant would not claim

960 CA 13728-2018 interest or statutory benefits from the date of dismissal of the Review Application i.e. 24/02/2015 till today.

5.

The application is disposed of.

6.

The petitioner is granted six weeks time to remove all office objections.

( ARUN R. PEDNEKER, J. ) vj gawade/-.