1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION No. 921/2010 IN WRIT PETITION NO.3222/2010. (REVIEW) Shri Mahendrasingh Gulabsingh Chavan and another. -: VERSUS :- Sau. Sangita Sanjay Lakhote and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 14, 2010. Heard Shri V.D. Raut, learned Counsel for applicants/petitioners and Shri Fulzele, learned A.G.P. for respondent nos. 2 and 3. Nobody has appeared for respondent no.1, though reply has been filed. Learned A.G.P. has also filed reply on behalf of respondent no.2. Shri Raut, learned Counsel has pointed out that the correctness of view expressed in judgment reported at 2006 [6] Mh.L.J. 13 (Angha Ajit Bhatkar .vrs. State of Maharashtra and others), is now referred to Division Bench. He has pointed out that the date of service of bill is found to be 28.08.2009 and payment has been made on 2 23.12.2009 i.e. beyond 90 days, hence disqualification is already incurred. In the circumstances, it is apparent that if the controversy is already referred to Division Bench, the said judgment of Division Bench will decide the present controversy also. Hence present Misc. Civil Application [Review] is allowed and controversy in Writ Petition No.3222/2010 needs to be considered by the Division Bench. In view of this position, orders dated 19.07.2010 in Writ Petition are recalled and Writ Petition No.3222/2010 is restored and placed along with reference proceedings for consideration by appropriate Division Bench as per the orders of the Hon’ble The Chief Justice. JUDGE Rgd.