The Court inquired as to why the sifting was not possible before the filing of the affidavit and noted that it claimed that Mahajan had gone through available relevant records.
“Now we are told in this review petition that Mahajan’s statements on sworn affidavit are incorrect. Now we are told that there were records, but to which Mahajan could not have deposed,” it added.
Further, the Court remarked that most importantly, it was not told how the case fell within Section 114 or Order 47 of the Code of Civil Procedure (CPC) and particularly how in the circumstances there could be said to have been “due diligence” on the part of the MCGM in finding the material.
Source: https://www.barandbench.com/news/bombay-high-court-imposes-2-lakh-costs-on-bmc-for-filing-review-petition-without-substance-against-2019-order
