Bombay High Court
AJIT LAKHMINCHAND BOTHRAversusM/S NIRMAL CONSTRUCTIONS THROUGH ITS PARTNER ASHOK BANSILAL MUTHA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The delay in filing the review application is condoned as the respondents did not oppose the condonation.
Summary
Ajit Lakhminchand Bothra sought condonation of delay in filing a review application against the order dated 21‑01‑2015 in Writ Petition No. 740/2015. The review was filed on 06‑01‑2016 after the Supreme Court, on 13‑04‑2015, allowed the withdrawal of a Special Leave Petition. The respondents did not appear before the Bombay High Court despite service of notice. While the Court was not fully satisfied with the explanation for the delay, it noted that the respondents did not oppose the condonation. Consequently, the Court allowed the application and ordered that the delay be condoned and the review application be registered.
Issues considered
- Whether the delay in filing a review application can be condoned despite the Court’s lack of satisfaction with the explanation.
- Whether the non‑appearance and non‑opposition of the respondents justify condonation of delay.
Subjects
- condonation of delay
- review petition
- civil procedure
- writ petition
- non‑appearance
- Supreme Court order
Judgment
2026:BHC-AUG:7357-DB
..1.. 5-ca-8655-19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
5 CIVIL APPLICATION NO. 8655 OF 2019
IN RAST/405/2016 IN WP NO. 740/2015
AJIT LAKHMINCHAND BOTHRA
VERSUS
M/S NIRMAL CONSTRUCTIONS THROUGH ITS PARTNER ASHOK
BANSILAL MUTHA AND OTHERS
...
Advocate for Applicant : Mr. P. S. Dighe
h/f. Mr. Dhorde Vikram R.
…
CORAM : KISHORE C. SANT,
SUSHIL M. GHODESWAR, J.J.
DATE : 17.02.2026
PER COURT :
1. In spite of service, none appears for the respondents.
2 This application is for condonation of delay caused in filing the
review application seeking review of the order dated 21.01.2015 passed
in Writ Petition No. 740/2015. Learned Advocate Mr. Dhorde
vehemently argued that the delay is not intentional. After the judgment
and order was passed, the same was challenged in the SLP. The Hon'ble
Supreme Court vide order dated 13.04.2015 was pleased to allow the
..2.. 5-ca-8655-19
present applicant to withdraw the SLP. It is thereafter the review
application is filed on 06.01.2016.
3. This Court is not much satisfied about the cause of the delay.
However, since in spite of notice, none has appeared for the respondent,
this Court finds that they are not opposing the delay condonation
application. The application is, therefore, allowed and disposed of.
Delay stands condoned.
4. Office to register review application.
( SUSHIL M. GHODESWAR ) ( KISHORE C. SANT )
JUDGE JUDGE
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