1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.3315 OF 2011 IN REVIEW PETITION ST.NO.32930 OF 2010 IN WRIT PETITION NO.3142 OF 2009. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CORAM : S.V.GANGAPURWALA,J. Date : 07.10.2011. PER COURT : 1. Heard. 2. This is an application for condonation of delay in filing Review Petition. The delay is of 350 days. The reason mentioned for delay is that after the judgment was delivered in the Writ Petition, the petitioner has preferred Letters Patent Appeal and time was consumed in prosecuting the said Letters Patent Appeal. Thereafter, the said Letters Patent Appeal was withdrawn with liberty to file the Review Petition. 3. Mr.Sapkal, learned counsel for the non-applicant No.1 2 strenuously opposes the application and contends that the petitioner could have filed Review Petition even without preferring the Letters Patent Appeal. The proceedings of the Letters Patent Appeal was not bonafide and as such the applicant would not be entitled for the benefit of the days lost in prosecuting the Letters Patent Appeal. 4. It appears that after the judgment and order dated 15.9.2009, passed by this Court, the petitioners preferred Letters Patent Appeal on 16.10.2009. Thereafter, the same was withdrawn on 18.10.2010. More than a year was lost in prosecuting the same. The total delay is of 350 days. After the Letters Patent Appeal was withdrawn on 18.10.2010, the present Review Petition was filed immediately on 25.10.2010. All the aforesaid facts would show that there is no intentional delay on the part of the applicant. At the same time, the applicants deserve to be mulct with cost for the delay that is caused. Hence, I pass the following order : (i) The Civil Application is allowed. The delay caused in filing the Review Petition is condoned on condition that the applicants pay cost of Rs.3,000/- (Rupees three thousand) to the non-applicant No.1 within a period of two (2) weeks from today. 3 (ii) The Civil Application is disposed of. (S.V.GANGAPURWALA,J.) Dt.07.10.2011. asp/office/Ca3315.11 4