Single judge dismissed the application for condonation of delay in filing a review petition, holding that the petitioner cannot seek review after voluntarily withdrawing the writ petition.
Civil Application dismissed for condenation of delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.2222 OF 2007 IN REVIEW PETITION ST.NO.17922 OF 2007 IN WRIT PETITION NO.3871 OF 2007
Ranjit G. Patil ....Applicant V/s. The Maharashtra State Financial Corporation & Others .... Respondents
Mr.Pratap Bhosale for the petitioner. Dr.A.K. Barthakur for the respondents.
CORAM : J.P. DEVADHAR, J.
DATED : 26th NOVEMBER 2007.
P.C. :
By this Civil Application, the applicant seeks condonation of delay of 56 days in filing the Review Petition against the order dated 14-5-2006. The order passed ON 14-52006 in Writ Petition No.3871 of 2007 reads thus :
“Petitioner seeks liberty to withdraw the petition to adopt appropriate proceeding against the respondents. The petition is allowed to be withdrawn with liberty as prayed for.”
On bare reading of the said order, it is clear that the
petitioner himself has withdrawn the writ petition with liberty to
adopt appropriate proceedings against the respondents. Having voluntarily withdrawn the writ petition, it is not open to the petitioner to seek review of that order. In any event, no case is made out for condonation of delay.
Hence, the Civil Application is dismissed.
J.P. DEVADHAR, J.
1 issue framed by the court
Whether condonation of delay is allowable for filing a review petition when the petitioner voluntarily withdrew the original writ petition.
Ranjit G. Patil
The Maharashtra State Financial Corporation
J.P. DEVADHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
