1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.590 OF 2009 IN NOTICE OF MOTION NO.79 OF 2006 IN REVIEW PETITION NO.78 OF 2006 IN WRIT PETITION NO.970 OF 2003 Ali Zaheer Nasiruddin ..Petitioner. Vs. Union of India and others ..Respondents. .... Petitioner present in person Mr. Suresh Kumar for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD & J.P.DEVADHAR, JJ. 15 June 2010. P.C. : The Notice of Motion has been taken out for recalling an order dated 24 April 2006 passed by a Division Bench of this Court by which a Motion for condoning the delay in filing a Review Petition was dismissed. The Petition instituted by the Petitioner under Article 226 of the Constitution was dismissed by a Division Bench of this 2 Court on 8 July 2003. There was a delay of eight days in filing the Review Petition and accordingly Notice of Motion 79 of 2006 was taken out for condoning the delay. The Petitioner who appears in person was absent before the Court on 10 April 2006 when the Motion was directed to stand over for two weeks. Since the Petitioner remained absent on 24 April 2006 the Motion was dismissed in default. The present Motion has been taken out on 13 November 2009 and there is a delay of nearly three years and four months. The Petitioner has furnished an explanation to the effect that after the demolition of his stall he was in financial difficulties and that his wife was seriously ill. The Petitioner himself has been suffering from severe medical problems and is about 67 years of age. It has been stated that the Petitioner’s wife died due to her illness. We are of the view that the ends of justice would require that the delay in taking out the Motion should be condoned and the Petitioner should be allowed to contest the main Motion for condonation of the delay of eight days in filing the Review Petition on merits. Sufficient cause has been shown. The Motion is accordingly made absolute in 3 terms of prayer clauses (a) and (b). Notice of Motion 79 of 2006 is restored to the file. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)