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2015 Supreme(Bom) 1445

R.K.DESHPANDE
Naranji Bhimji Family Trust – Appellant
Versus
Additional Commissioner, Nagpur – Respondent


Advocates Appeared:
For the Appellant :R.B. Pendharkar, Senior Advocate, S.P. Hedaoo and G.P. Belsare
For the Respondents: N.S. Rao, AGP

JUDGMENT

R.K. Deshpande, J.

1. Rule, made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. The Revisional Authority acting under section 44 of the Maharashtra Rent Control Act, 1999 (herein after referred as "the said Act") has passed an order on 10-9-2014 condoning the delay of 639 days caused in filing revision challenging the order passed under section 43by the Competent Authority for eviction and possession on 28-8-2012. The only ground on which the delay has been condoned is that this Court has in Writ Petition No. 5967/2013 filed by the respondent and decided on 5-8-2014 directed the Revisional Authority to sympathetically consider the claim of the petitioner regarding condonation of delay and to pass an appropriate order.

2. The question involved is whether the Revisional Authority under section 44 of the said Act has jurisdiction to condone the delay beyond the period of 90 days. Section 44 being relevant is reproduced below:

"44. Order of Competent Authority to be non-appealable and revision by State Government. - "(1) No appeal shall lie against an order for the recovery of possession of any premises made by the Competent Author









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