Bombay High Court
Central Bank Of India vs Mr. Mohd. Imran M. Khan And Ors on 23 January, 2019
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
REVIEW PETITION (STAMP) NO. 31522 OF 2017
IN
CIVIL WRIT PETITION NO. 11176 OF 2017
Office Notes, Office Memoranda of Coram,
appearance, Court's orders or directions and Court's or Judge's orders
Registrar's orders
CORAM : AJIT N. MARE
REGISTRAR (JUDL-I)
Date : 23rd January 2019
The office has raised an objection in the
Review Petition that the Review Petition is barred
by limitation. There is 2 days delay and Civil
Application for condonation of delay is not filed.
The Advocate for the Review Petitioner
has filed a note / letter dated 4th May 2018 that the
order was passed in Civil Writ Petition on
09.10.2017. He applied for certified copy of order on 13.10.2017. The Review Petition is filed on 13.11.2017 as 11.11.2017 and 12.11.2017 were holidays. It is also mentioned that in view of the Provisions of Section 12(3) of the Limitation Act, 1963 (hereinafter referred to as "the Act of 1963"), the time required to obtain certified copy of order or Judgment shall be excluded. Therefore the Review Petition is within limitation.
Heard Advocate for the Review Petitioner. Perused Proceedings.
RJ-I/GCI/23-01-2019 ::: Uploaded on - 23/01/2019 ::: Downloaded on - 24/01/2019 04:33:54 ::: After 20.08.2018, when the matter was listed before me, the Advocate for the Petitioner undertook to submit appropriate foot note as per Rules. Accordingly, a foot note is filed mentioning the same statements, which were mentioned in the Praecipe dated 04.05.2018. An additional statement is made that in view of section 4 of the Act 1963 holidays be excluded for the purpose of computing the limitation.
On perusal of the proceeding, it was noticed that the date below the signature of Section Officer was not clear and so office was directed to report about date of presentation. The office has informed that the Review Petition was presented on 13.11.2017.
Limitation for Review is provided in Article 124 of the Act of 1963. The limitation is of 30 days from the date of Decree or order which is to be reviewed.
The order, of which the review is sought, is passed by the Hon'ble Court on 09.10.2017. In view of the Provisions of Section 12(1) of the Act of 1963, in computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded. Thus, the date i.e. 09.10.2017 needs to be excluded for computing the period of limitation of 30 days.
The period of limitation shall be computed from 10.10.2017. If period of 30 days is calculated from 10.10.2017, it would expire on 08.11.2017.
The copy of order, along with the remarks of Certified Copy Branch, reveals that the applicant applied for certified copy of the order on 10th October 2017 and the Certified Copy was delivered to him on 13.10.2017. Consequently, in RJ-I/GCI/23-01-2019 ::: Uploaded on - 23/01/2019 ::: Downloaded on - 24/01/2019 04:33:54 ::: view of the provisions of Section 12 (3) of the Act of 1963, the period from 10.10.2018 to 13.10.2017 shall stand excluded. Thus, a period of four days will be added to the limitation and it would expire on 12.11.2017. However, the day i.e. 12.11.2017 was a holiday being Sunday. Thus, the Petitioner is legally entitled to file Petition on 13.11.2017, which he has done.
Therefore, prima facie the office objection raised by the office does not appear to be correct. In the light of the above observations, the office to reconsider the office objection as to limitation.
REGISTRAR (JUDL-I) RJ-I/GCI/23-01-2019 ::: Uploaded on - 23/01/2019 ::: Downloaded on - 24/01/2019 04:33:54 :::