1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.2883 OF 2009 IN REVIEW PETITION (LODG.) NO.50 OF 2009 IN NOTICE OF MOTION NO.523 OF 2008 IN SUIT NO.1777 OF 2004 Raj Bucket Factory ..Petitioner. Vs. Salma A. Makati and others ..Respondents. .... Mr. Madhav J. Jamdar for the Petitioner. Mr. Rashix Khan i/b Zaidy & Co. for Respondent No.1. Ms Kavshika Muthukumar i/b RMG Law Associates for Respondent No.6. Mr. Dahival Mehta with Lihan Suresh Das i/b Negandhi Shah & Himayatullah for Respondent No.8. .... CORAM : DR. D.Y. CHANDRACHUD, J. 24th August, 2009. P.C. : The Motion seeks the condonation of a delay of nearly 20 months in filing a review petition. The delay has not been satisfactorily explained. Counsel appearing on behalf of the Petitioner has relied upon the averments contained in paragraph 26 of the Review Petition in which it has been stated that the Petitioner noticed the difference in the built up 2 area and the carpet area when all the papers were examined after receipt of a letter dated 16th July, 2009 from the advocate of Respondent No.8 and the plan of the transit accommodation. This can hardly be a sufficient cause. However, counsel appearing on behalf of the developer, Respondent No.8, made a statement before the Court that he has indicated in a meeting before the Court Receiver that the allotment of 3750 sq. ft. permanent alternate accommodation shall be of a carpet area to that extent. Counsel appearing on behalf of the Review Petitioner fairly states that the aforesaid statement in any case meets the grievance of the Petitioner insofar as the area of the permanent alternate accommodation is concerned. Counsel appearing on behalf of the Eighth Respondent further stated that the Eighth Respondent is ready and willing to allot transit accommodation to the extent of 3750 sq. ft. carpet area on the ground floor and the first floor to the First Defendant. In view of the aforesaid statement, counsel appearing on behalf of the Review Petitioner seeks to withdraw the Motion. The Motion is accordingly disposed as withdrawn. *****