1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 527 of 2009 IN WRIT PETITION NO. 1401 OF 2009 Yashwant G. Tambe .. Petitioner Vs. Union of India & ors. .. Respondents Mr. S.N. Deshpande for the Petitioner. Ms. N.V. Masurkar with V..S. Masurkar & N.R. Prajapati for the Respondents. CORAM : J. N. PATEL & C. L. PANGARKAR, JJ DATE : 3rd MARCH, 2010 P.C. : 1. Heard. This notice of motion is taken out for restoration of the Petition No. 1401/2009 which came to be disposed of by this Court by order dated 8th September, 2009. When this Petition came up for admission, Counsel for the Petitioner sought to withdraw the Petition with liberty to take appropriate steps before the Central Administrative Tribunal on the ground that after review application was allowed, points raised in the application itself were not discussed in the impugned Judgment. Therefore, this Court disposed of the Petition as withdrawn 2 with liberty as prayed for. 2. It appears that the Petitioner has thereafter realised that 2nd Review Petition is not maintainable in view of the Rule 17 of the Administrative Tribunals (Procedure) Rules, 1987 which reads as under:- 17(4): Where the application for review of any judgment “ or order has been made and disposed of, no further application for review be entertained in the same matter.” Therefore, the Petitioner has now again approached this Court for recalling its order dated 8th September, 2009 and restoring the Petition. 3. The Respondents have taken strong exception to the practice adopted by the Petitioner on the ground that inspite of the Petitioner being represented by an Advocate and well aware of the fact that 2nd review was not maintainable, he has withdrawn the Petition on that pretext, otherwise the Petition was going to be dismissed and, therefore, this Court should not entertain the notice of motion taken out by the Petitioner. 4. We have gone through the order dated 8th September, 2009. It will not be fair on our part not to consider the case of the Petitioner because this 3 Court permitted the Petitioner to withdraw the Petition with liberty as prayed for. Therefore, the notice of motion is allowed. We recall the order dated 8th September, 2009 and restore the Petition for admission. The Petition be listed for admission tomorrow i.e. 4th March, 2010 at sr. no. 1. ( J. N. Patel, J) ( C. L. Pangarkar, J)