Nitish Kishatappa Begar v. Grievances Redressal Commitee, Mumbai City And 4 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.128 OF 2019 IN WRIT PETITIO (LODGING)NO.983 OF 2018 Nitish K. Begar ...Applicant

IN THE MATTER BETWEEN :

Nitish K. Begar

...Petitioner

V/s.

Grievances Redressal Committee, Mumbai & Ors.

...Respondents

Mr.Saiprasad R. Dudhane with Mr.Arunkumar & Associates for the Applicant / Petitioner.

Mr.Kedar Dighe, A.G.P. for the State - Respondent No.1. CORAM : R.D. DHANUKA, J.

DATE : 6TH JUNE, 2019.

P.C. :- 1.

Heard learned counsel for the parties. By this notice of motion, the applicant / petitioner seeks condonation of delay of 223 days in filing the notice of motion and prays for setting aside the order dated 19th June, 2018 passed by the learned Prothonotary & Senior Master rejecting the writ petition for not removing the office objections. Learned counsel appearing for the applicant states that the applicant could not remove the office objections due to unavoidable circumstances stated in the affidavit in support of the 1/3

notice of motion. I have perused the averments made in the affidavit in support of the notice of motion.

2.

In my view, the applicant has made out a case of setting aside the order dated 19th June, 2018 passed by the learned Prothonotary & Senior Master for condonation of delay for the reasons recored in the affidavit in support of the notice of motion on the condition that the applicant removes all the office objections within two weeks from today. It is made clear that no further extension of time would be granted.

3.

The notice of motion is made absolute in terms of prayer clauses (a) and (b) on the aforesaid conditions. It is made clear that if all the office objections are not removed within two weeks from today, the petition to stand dismissed without further reference to the Court. If all the office objections are removed within two weeks from today and the petition is numbered, the respondents to file affidavit in reply within two weeks thereafter with a copy to be served upon the petitioner's advocate simultaneously. Rejoinder, if any, shall be filed within two weeks there with a copy to be served upon the respondents' advocate simultaneously.

4.

Place the matter on board for admission on 25th July, 2019. The petitioner shall inform the respondents' advocate about removal of office objections and about final petition number. The 2/3

respondents the to file affidavit in reply only thereafter. 5.

The notice of motion is made absolute on aforesaid terms. There shall be no order as to costs.

(R.D. DHANUKA, J.) 3/3