Bombay High CourtCAO/1291/2017dismissedrule discharged

Nabakumar Jogendernath Bose v. Commissioner Of State Excise, Mumbai And Others

2019-01-21Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao1291.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.O. NO.1291/2017 IN M.C.A. STAMP NO.12915/2017 IN WRIT PETITION NO.322/2016 (D) Nabhkumar Jogendernath Bose ..Vs..

Commissioner of State Excise, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sudhir Voditel, Advocate for the applicant. Shri A.M. Kadukar, A.G.P. for respondent Nos.1 and 2. CORAM : Z.A. HAQ, J.

DATE : 21.1.2019.

The applicant has filed M.C.A. Stamp No.12915/2017 praying that the judgment passed by this Court on 22nd June, 2016 be reviewed, the writ petition be restored and it be re-heard. The contention of the applicant is that inspite of directions given by this Court to decide the revision application pending before it till 29th July 2016, the State Government has not disposed the revision. The learned A.G.P. submitted that as per the instructions received by him the revision application is decided on 10th November, 2016. Be that as it may, the judgment passed by this Court in Writ Petition No.322/2016 cannot be reviewed on the ground that the revision application filed by the applicant is not decided. Be that as it may, there is delay of 332 days in filing the review application. Therefore, the applicant

2 cao1291.17 has filed civil application (C.A.O.) No.1291/2017 praying that the delay in filing the review application be condoned. I find that the applicant has not been able to give sufficient explanation for the inordinate delay in filing the review application. Hence, the inordinate delay cannot be condoned. The civil application and miscellaneous civil application are dismissed. JUDGE Tambaskar.