dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.7407 OF 2008 PETITION NO.7407 OF 2008 PETITION NO.7407 OF 2008 M/s.Eyesite Advertising Petitioner Vs. Union of India & ors. Respondents Mr.G.S.Godbole i/b.Mr.Siddhartha Ronghe for the Petitioner. Mr.S.R.Prajapati with Mr.R.C.Master for the Respondent no.1. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 11th November, 2008. : 11th November, 2008. : 11th November, 2008. P.C. P.C. P.C. By consent, heard forthwith finally. 2. The petitioner has challenged the impugned order passed by the District Judge No.10, Pune in Misc. Civil Application No.306/2008 (Exh. No.1), where the petitioner/applicant’s application for condoning the delay of 16 months for preferring the review petition was dismissed/rejected. 3. The learned Judge has given a clear finding that this application was made for condonation of delay of 16 months along with review petition. Admittedly the petitioner had filed writ petition in this court and which was pending for 16 months and same was disposed of by order dated 14.3.2008 by observing as under: ( 2 ) "On a motion made by a learned counsel appearing for the petition, the petitioner is permitted to withdraw with the liberty to approach the Appellate Court. Interim order passed by this court shall continue to operate for the period of four weeks from today." 4. The petitioner thereafter moved this review petition along with the condonation application within above given time. This fact, according to me, need no further detail or explanation as the above applications/petitions were filed immediately after order dated 14.3.2008. 5. This fact, according to me, just cannot be overlooked while considering the delay application of this nature. 6. Taking all this into consideration, in my view, a sufficient cause is shown and case is made out, the application of condonation of delay of 16 months is therefore need to be considered in favour of the petitioner. 7. The petition is accordingly allowed in terms of prayers (b-1) and (b-2). The delay is condoned accordingly. 8. All other points are kept open except the above. ( 3 ) ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)