General Arun Kumar Vaidya Nagar Rahivashi Sangh And Another v. The State Of Maharashtra And Others

nmw-299.17 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.299 OF 2017 IN WRIT PETITION NO.2854 OF 2014 General Arun Kumar Vaidya Nagar Rahivashi Sangh and Anr.

... Applicants In the matter between General Arun Kumar Vaidya Nagar Rahivashi Sangh and Anr.

... Petitioners Vs.

The State of Maharashtra and Ors.

... Respondents Mr. Ketan Joshi a/w Mr. Lendl Coutinho i/by Mr. Swapnil Mohite for the Applicants.

Mr. L.T. Satelkar, AGP for the Respondent Nos.1 and 7. Mr. Arsh Mishra i/by M.V. Kini & Co. for the Respondent No.2. Mr. V.P. Sawant for the Respondent Nos.3 and 4. Ms. Geeta Joglekar, for the Respondent - BMC. CORAM : A.S. OKA & SMT. VIBHA KANKANWADI, JJ.

DATE :

26th JULY, 2017 P.C.

.

Not on Board. Taken on Board.

Heard the learned counsel appearing for the applicants and the learned counsel representing the respondents. Notice of Motion (L) No.125 of 2016 filed by the applicants was rejected under the orders of

nmw-299.17 the Prothonotary and Senior Master in exercise of powers under Rule 986 of the Original Side Rules, 1960 for non-removal of office objections. In view of the averments made in the affidavit-in-support, a case for restoration is made out. Hence, we pass the following order :-

ORDER

(i) Notice of Motion is made absolute in terms of prayer clause (a) subject to condition of the applicants removing all office objections within a period of one month from today. If office objections are not removed within stipulated time, the order of dismissal will stand. If office objections are removed within stipulated time, Notice of Motion shall be placed on 31st August, 2017. (SMT. VIBHA KANKANWADI, J) (A.S. OKA, J)