Bhimrao S/O Kutru Pendam v. The Chief Secretary Govt. Of Maharashtra, Mumbai And Others

119cao1228.17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR C.A.O. No.1228 of 2017 in MCA St. No.11919 of 2017 in W.P. No.4787 of 2013 (D) (Bhimrao Katru Pendam, Nagpur vs. The Chief Secretary, Govt. of Mah., Mumbai and Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Ms Sulbha B. Saikhede, Advocate for the applicant. Mr.Ambarish Joshi, A.P.P. for the Respondent Nos. 1 and 2.

CORAM

: SMT VASANTI A NAIK & M. G. GIRATKAR, JJ.

DATE : 11.9.2017.

Heard.

The applicant has not made out sufficient cause for condonation of inordinate delay of 1271 days in filing the application for restoration of the Writ Petition. The only reason stated in the application for condonation of delay of nearly four years is that the applicant did not have knowledge that the restoration application should have been filed within limitation after the order dismissing the petition was passed on 18.11.2013. Since sufficient cause is not made out by the applicant, we reject the Civil Application No.1228 of 2017. Resultantly, the Misc. Civil Application St. No.11919 of 2017 for restoration would also stand rejected.

The professional fees of the learned Counsel for the applicant, at Rs.1,500/- should be paid to her at the earliest.

JUDGE JUDGE *jaiswal