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Bombay High CourtRPW/83/2019

Mr. Appa Bhimrao Pol v. Rayat Shikshan Sanstha, Satara And ORS.

2019-06-19Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 902.rpwl-10672.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION (L) NO.10672 OF 2017 IN WRIT PETITION NO.4903 OF 2016 Appa Bhimrao Pol ..

Review Petitioner Vs.

Rayat Shikshan Sanstha, Satara & Ors.

..

Respondents --- Mr.Saurabh Pakale i/by Mr.Shankar Maruti Katkar for the review petitioner.

Mr.N.V. Bandiwadekar a/w Mr.Milind Deshmukh for the respondent nos.1 & 2.

Mr.A.R. Metkari, AGP for the respondent no.3-State. --- CORAM : R.D. DHANUKA, J.

DATE : 19th June 2019 P.C.:

.

By this review petition filed by the review petitioner (original respondent), the review petitioner seeks recall of the judgment dated 7th September 2016 on the ground that in paragraph 16 of the said judgment, this Court had rendered incorrect finding that the petitioner was given sufficient opportunity by the enquiry committee to represent himself before the enquiry committee. Learned counsel submits that this finding is factually incorrect based on the material produced by the review petitioner before the School Tribunal and also before this Court.

ppn 2 902.rpwl-10672.17.doc 2.

Learned counsel could not point out error apparent on the face of the judgment though repeatedly called upon to demonstrate by this Court. Mr.Bandiwadekar, learned counsel for the original petitioner states that special leave petition filed by the review petitioner against the judgment of this Court was simplicitor withdrawn. He invited my attention to the order passed by the Hon'ble Supreme Court on 11th January 2017 in the Special Leave to Appeal (C) No.35751 of 2016. 3.

A perusal of the said order clearly indicates that after some arguments, learned counsel for the review petitioner sought permission to withdraw the said special leave petition. The Hon'ble Supreme Court dismissed the said special leave petition as withdrawn. In my view, the review petition is throughly misconceived and is dismissed with costs quantified Rs.10,000/- which shall be paid to the respondent no.1 within one week from today. A receipt showing payment of costs shall be produced before the Associate of this Court within one week thereafter. R.D. DHANUKA, J.