Shri. Kishore Vasantrao Kulkarni v. The Commercial Co-Op. Bank Ltd. And ANR.

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4. CAW. 1704-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1704 OF 2017 IN WRIT PETITION NO.5652 OF 2017 Kishore Vasantrao Kulkarni ...

Applicant In the matter between Kishore Vasantrao Kulkarni ...

Petitioner

Versus

State of Maharashtra And Others ...

Respondents .....

Mr. Ashish Mehta a/w Raymond Gadkar for the Applicant. Ms. Pavatra Manesh i/b Vashali Bhilare for the Respondent State. .....

CORAM : PRASANNA B. VARALE, J.

DATE : 4 SEPTEMBER 2017 P.C. :

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Heard learned Counsel appearing for the Applicant/Petitioner. My attention is invited to the order passed this Court dated 27 March 2017, the same is placed on record as annexure Exhibit 'A'. Learned Counsel submits that two petitions challenging the same order were tagged together. Learned Counsel submits that though this Court by its order dated 27 March 2017, permitted the Applicant/Petitioner to remove office objections within a stipulated period of two weeks, the objections could not be

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4. CAW. 1704-17.doc removed within two weeks and took some time i.e. 10 days more than the stipulated period granted by this Court for removing the objections. Learned Counsel by inviting my attention to the reasons stated in the application and more particularly, paragraph-8 of the application, submitted that due to number of pates i.e. 250 pages forming part of the petition, it took some time to comply with the office objections. Learned Counsel submits that delay caused for removal of office objections was for bonafide reason and the delay was not intentional. Learned Counsel then submitted that the connected writ petition was also restored under the order of this Court dated 9 August 2017. Learned Counsel submits that the petitioner has filed the petition raising various meritorious grounds and the rejection of the petition on a technical ground, may cause a serious prejudice to the Applicant/Petitioner.

In view of the submissions of the learned Counsel appearing for the Applicant/Petitioner and for the reasons stated in the application, the civil application is allowed. The delay in removing the office objections is condoned. The Petition is restored to its file. (PRASANNA B. VARALE, J.)