STATE OF MAHARASHTRA Vs. KAMAL R. BULCHANDANI

JUDGEMENT

(1.) This interim application has been filed by the State of Maharashtra seeking condonation of delay of 1739 days occurred in filing the Review Petition (L) No. 27315 of 2024. The Review Petition seeks review of the order passed by this Court in Writ Petition No. 1462 of 2019 decided vide order dtd. 13/12/2019.

(2.) Upon perusal of the application, we found that the delay is not sufficiently explained by the applicants, hence, in order to secure the ends of justice, the applicants were permitted to file an additional affidavit, explaining the delay. Pursuant to the liberty granted an additional affidavit has been filed by the applicants.

(3.) We have perused the application as well as the additional affidavit filed by the applicants. Ms. Prachi Tatake, Addl. G.P., representing the applicants submit that, while deciding the Writ Petition, the Government advocate has mistakenly made a statement on the first date of hearing itself that the decision in case of Aspi Chinoy Vs. State of Maharashtra (in Writ Petition No. 713 of 2001), which was the subject matter of the challenge before the Hon'ble Supreme Court, upon its decision, entitled the petitioner in Writ Petition No. 1462 of 2019, to a refund of Rs.25,38,518.00 deposited by them on 24/8/2018. Thus on the basis of the statement made by the advocate appearing for the state, the writ petition came to be disposed of vide order dtd. 13/12/2019. It is submitted that, without there being any instructions or authorisation from the concerned Authority to make such statement, the Writ Petition was disposed of on the basis of statement made by the advocate representing the State.