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Bombay High CourtNMW/119/2017absolute

Jude Murzello And 3 ORS v. State Of Maharashtra And 3 ORS

2018-07-04Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice A.S. Oka2 pages

501-NMW-119-17.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 119 OF 2017 IN WRIT PETITION (L) NO. 597 OF 2016 Shri Jude Murzello ...Applicant In the matter between Shri Jude Murzello & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

---------- Mr. D.V. Saroj, for the Petitioners.

Mr. Kunal Bhanage, AGP, for the Respondent No. 1-State. Ms. K.H. Mastakar, for the Respondents No. 2 and 3-BMC. ---------- CORAM :

ABHAY S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE : 4 July 2018 ORDER :

1.

Not on board. Taken on board.

2.

Heard the learned AGP for the 1st Respondent and 1 / 2 July 4, 2018

501-NMW-119-17.doc the learned Counsel appearing for the 2nd and 3rd Respondents.

3.

The Writ Petition filed by the Applicant has been rejected by the learned Prothonotary & Senior Master in exercise of powers under Rule 986 of the Original Side Rules. 4.

In view of the averments made in the Affidavit in Support, a case is made out for restoration. Accordingly, the Notice of Motion is made absolute in terms of prayer clauses (a) and (b) subject to condition that all the office objections will be removed within a period of four weeks from today. 5.

If the office objections are not removed within the stipulated period of four weeks, the order of rejection will stand. [RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.] 2 / 2 July 4, 2018