Sterling Court Abc Wing Chs Ltd. v. State Of Maharashtra Thr. Gp And ORS

osk 3- IA-13641-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13641 OF 2024 IN REVIEW PETITION (ST.) NO. 3335 OF 2024 Sterling Court ABC Wing CHS Ltd.

... Applicant V/s.

State of Maharashtra & Ors.

... Respondents Mr. Anilkumar Patil a/w. Ms. Zeel Jain for Applicant. Mr. P.G. Sawant, A.G.P. for Respondent Nos.1 & 2-State. Mrs. Shakuntala Mudbidri for Respondent No.3. Mr. Arshad Shaikh, Senior Advocate a/w. Ms. Namrata Agashe, Mr. Devansh Malhotra, Mr. Harsh Parte, Mr. Aditya Sharma & Mr. Aniket Pardeshi i/b. Vinsha Acharya for Respondent No.4.

CORAM : A. S. GADKARI, J.

DATE : 8th October 2024.

P.C. :

1) This is an Application for condonation of delay of 860 days in filing present Review Petition.

2) Heard Mr. Patil, learned counsel for Applicant, Mr. Sawant, learned A.G.P. for Respondent Nos.1 & 2, Mrs. Mudbidri, learned counsel for Respondent No.3, Mr. Shaikh, learned senior counsel for Respondent No.4. Perused record.

3) The Order under review is passed on 6th September 2019, after hearing all the concerned, who were present.

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osk 3- IA-13641-2024.doc 4) Mr. Patil, learned counsel for Applicant submitted that, as per Order dated 10th January 2022 passed by the Hon'ble Supreme Court in the case of Re: Cognizance for Extension of Limitation in Miscellaneous Application Nos. 21 of 2022 & 665 of 2021 in Suo Motu Writ Petition (C) No. 3 of 2020, benefit of limitation from 15th March 2020 till 28th February 2022 accrued in favour of Applicant and therefore Applicant is entitled for the benefit of the same. He therefore prayed that, the said delay may be condoned.

4.1) Mrs. Mudbidri, learned counsel for Respondent No.3 opposed the Application.

5) Perusal of Application indicates that, even after giving benefit of the said Order passed by the Hon'ble Supreme Court, there is a delay of 860 days in filing Review Petition. Except making generic statements, no explanation at all, least to say any plausible explanation has been offered by the Applicant for condonation of such an inordinate and colossal delay. 6) In view thereof, I find no merits in the Application for condonation of delay. Application is accordingly dismissed. 7) In view of dismissal of Application, Review Petition does not survive and is accordingly disposed off.

( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.10.10 15:05:27 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2