1 CAF : 3061/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3061 OF 2011 IN REVIEW PETITION NO. OF 2011 IN CIVIL APPLICATION NO.177 OF 2008 IN CROSS OBJECTION (ST.) NO.794 OF 2008 IN FIRST APPEAL NO.597 OF 1995 Balu Pandurang Bhoir & Ors. .... Applicants Vs. The State of Maharashtra .... Respondent Mr. Rajiv Patil with Mr. Omkar Warange, Advocate for applicants. Mrs. G.P. Mulekar, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 8th August, 2011 P.C. 1. This civil application is for condonation of delay of 937 days in filing petition for review of the order dated 18th November 2 CAF : 3061/2011 2008. The order under review was on similar application, by which the applicant had sought condonation of delay of 12 years in filing cross-objections to the first appeal. 2. The delay in filing the application for review is sought to be explained in the application on the availability of applicant no.1. It is stated at paragraph 7 of the application that the applicant no. 1 was not available on account of his arrest by police on 16th March 2009, in connection with criminal proceedings filed against him. He claims to be in custody as an undertrial prisoner until his acquittal on 1st June 2011. This explanation, however, cannot help the applicants, since the order under review was passed atleast five months prior to the arrest of applicant no.1. Besides, the other applicants i.e. the applicants no.2 to 6 were definitely available for taking the necessary steps in the matter. The application offers no explanation whatsoever as regards the inaction on the part of these applicants. Further, it is also seen that even in the absence of applicant no.1, the proceedings relating to all the applicants herein have been heard by this court with the applicants being represented by 3 CAF : 3061/2011 an Advocate. In the circumstances, I find no merits in the application, the same is accordingly dismissed. (Smt. R.P. SondurBaldota, J.)