Shahabuddin Shamshoddin Tamboli And ORS. v. The State Of Maharashtra And ORS.

5-ia-30584-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.30584 OF 2022 IN WRIT PETITION (ST.) NO.5054 OF 2018 Shahabuddin Shamshoddin Tamboli and Others

...Petitioners

vs.

The State of Maharashtra and Others

...Respondents

Mr. J.P. Kharge, for the Petitioners.

Mr. C.D. Mali, AGP fro the State.

Mr. Nilesh Wable i/b. Mr. Umesh Mankapure, for Respondent Nos. 3 to 12.

CORAM :

N. J. JAMADAR, J.

DATE :

JULY 20, 2023 P.C.:

1.

Heard the learned counsel for the parties.

2.

The instant application is preferred to condone the delay of 1086 days in preferring the application to set aside the order dated 30th October, 2018 passed by the Registrar whereby the petition came to be disposed for want of removal of office objections. 3.

In the application, the applicants have assigned reasons for the delay in preferring the application.

4.

The learned counsel, who was appearing for respondent Nos. 3 to 13, submits that today he has no instructions on behalf of the respondents as the papers have been returned. 5.

For the reasons assigned in the application and to advance Vishal Parekar This is a corrected order as per Speaking to Minutes order dated 02-08-2023 ...1

5-ia-30584-2022.doc the cause of substantive justice, the application stands allowed. 6.

The delay in preferring the application stands condoned. 7.

The order refusing registration of the petition stands set aside subject to the applicant/petitioner removing the office objections within a period of two months.

8.

If the office objections are not removed within the said period, this order would stand vacated automatically and the order passed by the Registrar restored.

9.

Application disposed.

(N. J. JAMADAR, J.) Vishal Parekar This is a corrected order as per Speaking to Minutes order dated 02-08-2023 ...2