2011 (1) TMI 313

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....r, learned Counsel appears for the respondent on caveat and waives further notice. Leave granted. Heard. 2. A Writ Petition filed by the respondent was allowed by a learned Single Judge of the Kerala High Court, by order dated 8-4-2009. The appellants filed a review petition in regard to the said order. There was a delay of 305 days in filing the review petition. The Learned single Judge heard ....

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....cted the said contention by holding that even though delay of 305 days in filing the review petition might have been condoned by the learned single Judge, that cannot be treated as sufficient cause for condoning the delay in filing the writ appeal. The said order is challenged in this appeal by special leave. 4. It is true that technically the Division Bench was not bound to accept the per....

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....tition, as a period bona fide spent in pursuing other remedies. Of course, the position would be different if the Division Bench had found that filing of the review petition was not for bona fide reasons or there were other reasons to suspect the bona fides of the appellant. Be that as it may. We are of the view that on the facts of this case, the period upto the dismissal of the review petition, ....