Allowed

Zilla Parishad, Chandrapur Thoruhg Its Chief Executive Officer v. Vithoba S/O Madhao Gedekar and Another

Bombay HC29 Apr 2016CAO/209/2016

Case brief

AI extract

What is this about?

This High Court condoned a delay of 300 days in filing a review application. The applicant, a local body, sought review due to an unproduced government resolution and subsequent administrative oversight. The court found no malafides and allowed the application.

What did the court decide?

Condonation of 300 days delay and order to register the Review Petition.

Zilla Parishad, Chandrapur Thoruhg Its Chief… — Pension and Retirement Benefits | Bombay HC (2016)

Order

2904cao209.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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C.A.O.NO. 209/2016 IN M.C.A.ST.NO.1205/2016 (FOR REVIEW) IN W.P.NO.2685/2014.

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Zilla Parishad, Chandrapur.

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VERSUS-

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Shri Vithoba Madhao Gadekar and another.

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

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CORAM : B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

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DATE : APRIL 29, 2016.

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Heard Shri N.W. Almelkar, learned

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Counsel for the applicant, Shri P.D. Meghe, learned Counsel for respondent no.1 and Shri B.M. Lonare, learned A.G.P. for respondent no.2.

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Prayer is to condone delay of 300 days in filing MCA St. No.1205/2016 for review. Learned Counsel for the applicant relies on reply affidavit to seek condonation. According to him relevant Government Resolution could not be produced and the Chief Executive Officer of Zilla Parishad after realizing the error has directed filing of review.

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Learned A.G.P. supports the prayer for

Order

2904cao209.16

condonation of delay.

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Shri Meghe, learned Counsel submits that this Court has categorically observed in its order that the relevant government resolution was not made available for its perusal. Time of 4 months was given to the Zilla Parishad to implement the orders. The Chief Executive Officer has looked into the matter after 5 months. He therefore, contends that this conduct itself dis-entitles the applicant to any equitable relief.

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The applicant before this Court is a local body and effort is to point out to this Court the correct position in law. Whether cognizance can be taken or whether effort is misconceived, are all matters which pertain to domain of merits of review petition. We do not find any malafides in moving the application for condonation of delay, hence, we condone the delay. Office to register M.C.A.

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Civil Application is accordingly allowed.

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M.C.A.St.No. 1205/2016.

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Heard.

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This Court has today condoned delay in

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filing this review application.

Order

2904cao209.16

Notice, returnable on 15.06.2016. Shri

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P.D. Meghe, learned counsel for respondent no.1 and Shri B.M. Lonare, learned A.G.P. for respondent no.1, waive notice.

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JUDGE JUDGE

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Rgd.

Zilla Parishad, Chandrapur Thoruhg Its Chief Executive Officer v. Vithoba S/O Madhao Gedekar and Another

Case brief

What is this about?

What did the court decide?

Zilla Parishad, Chandrapur Thoruhg Its Chief Executive Officer v. Vithoba S/O Madhao Gedekar and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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