Having considered the submissions as to the maintainability of this Petition, we are of the view that an order of dismissal of the application for condonation of delay would be an order of dismissal passed in the Review Application. This has also been expressly held by the learned Single Judge of this Court in Chandrakant Govind Sutar (supra) at paragraphs 7 and 8 following the judgment of the Apex Court in Rani Choudhury (supra). An order of a Civil Court rejecting an application for review is not appealable as provided under Order XLVII Rule 7 of the Code of Civil Procedure, 1908 ("C.P.C.").
IN THE HIGH COURT OF BOMBAY
Writ Petition No. 2765 of 2018
Decided On: 03.05.2019
MSTC Limited Vs. Standard Chartered Bank
Hon'ble Judges/Coram:
A.A. Sayed and Riyaz I. Chagla, JJ.
Citation: AIR 2019 Bom 211