SHAKUNTALA DEVI Vs. APOLLO ANIMAL MEDICAL GROUP TRUST

JUDGEMENT

(1.) Heard on prayer for modification of order dtd. 29/10/2021 passed by this Court in D. B. Civil Special Appeal (Writ) No. 1415/2019.

(2.) Learned Senior Counsel appearing on behalf of the applicant would submit that at the time when the order was being passed by this Court earlier on 29/10/2021, it could not be highlighted that Respondent No. 4 in the appeal (since disposed off) had already moved an application for review, which remained pending on 29/10/2021.

(3.) Relying upon the decision of the Hon'ble Supreme Court in the case of State of Manipur & Others Vs. All Manipur Regular Post Vacancies S.T.A. & Others, (1997) 10 SCC 385, learned Senior Counsel would submit that the period during which the review petition had remained pending, has to be excluded for the purposes of computation of period of limitation in filing the writ-appeal. According to him, since the review petition was pending, while filing appeal, appellant may not be even required to seek any condonation of delay as entire period from 1/8/2019 would stand excluded.