Bombay High Court

CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LTD. MUMBAIversusSHRI. NARENDRA JANARDAN MHATRE AND ORS

Decided: 11 August 2026
Disposal: Disposed Off

Holding

The Court condoned the delay in filing the review petition, allowing the interim application.

Summary

The City and Industrial Development Corporation of Maharashtra (CIDCO) filed an interim application seeking condonation of a delay of three years and 260 days in filing a review petition. The application was opposed by counsel for the original appellants. While such a long delay is ordinarily not condonable, the Court noted that a separate review petition filed by the State Government was within the prescribed time. Considering this, the Court deemed it appropriate to condone the delay in CIDCO's review petition. Consequently, the interim application was allowed, the delay was condoned, and the interim application was disposed.

Issues considered

Whether a review petition filed after an inordinate delay of more than three years can be condoned.

Subjects

condonation of delay
review petition
interim application
high court
civil appellate jurisdiction

Judgment

Neeta Sawant                                         906-IA-30749-2022.docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION


                  INTERIM APPLICATION NO. 30749 OF 2022
                                       IN
                  REVIEW PETITION (ST.) NO. 28356 OF 2022


City and Industrial Development
Corporation of Maharashtra Ltd. Mumbai                      …..Applicant

In the matter between :

City and Industrial Development
Corporation of Maharashtra Ltd. Mumbai                      …..Petitioner
      : Versus :

Shri. Narendra Janardan Mhatre & Anr.                        ….Respondents



Mr. D.H. Haldankar, AGP for State-Petitioner in RPS-1 of 2023.
Mr. G.S. Hegde, Senior Advocate with Ms. Pinky M. Bhansali, for the
Respondent/CIDCO and for the Petitioner in RP (St.) No.28356 of 2022.
Mr. Rajesh Datar, for Respondent Nos.1 and 2.




                                         CORAM : SANDEEP V. MARNE, J.
                                         DATED : 11 AUGUST 2026.
P.C :



1)               This application is filed by City and Industrial Development
Corporation        of   Maharashtra    Ltd.,   Mumbai    (CIDCO)      seeking

_____________________________________________________________________________
                                  PAGE NO. 1 of 2
                               Tuesday, 11 August 2026
Neeta Sawant                                        906-IA-30749-2022.docx


condonation of delay of 3 years and 260 days in filing the Review
Petition.


2)             The application is opposed by Mr. Datar, the learned counsel
appearing for the Original Appellants.


3)             Ordinarily, this Court would not have condoned such an
inordinate delay in filing the Review Petition. However, review of the
judgment and order is also sought by the State Government and it
appears that the Review Petition filed by the State Government is within
time. In that view of the matter, I deem it appropriate to condone the
delay in filing the Review Petition.          The Interim Application is
accordingly allowed. The delay in filing in Review Petition is condoned.
Interim Application stands disposed of.



                                                [SANDEEP V. MARNE, J.]




_____________________________________________________________________________
                                  PAGE NO. 2 of 2
                               Tuesday, 11 August 2026

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