Divyesh Mahendra Patel And 2 ORS v. Harshad Jugal Kishore Thakore And 2 ORS.

Before : Shri A. M. Chandekar Prothonotary & Senior Master Date : 10th April, 2018 FOR HEARING & FINAL DISPOSAL (ORIGINAL SIDE MATTERS) : CHOL/121/2018 MPTL/351/2010 TP/686/1984 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Pintu Singh, Registered Clerk I/b.

Anamika Malhotra, Advocate for Applicant.

Mr. R. A. Shah and N. J. Marjadi, Advocate for Respondent No. 3.

P.C. :

Instant Chamber Order is taken out for setting aside Order dated 02.04.2012, rejecting MPTL/351/2010 in TP/686/1984 for non-removal of office objections.

Ld. Counsel for Applicant is absent. Ld.

Counsel for Respondent No. 3 is present.

Ld. Counsel for Respondent No. 3 has strongly opposed instant Chamber Order by submitting that contention of the Applicant in Affidavit in Support dated 21.07.2017 that as Applicant was suffering from hypertension, he could not keep day today track of the Petition.

Ld. Counsel for Respondent No. 3 has strongly contended that Applicant is stating falsely that he was continuously ill since 2010. In fact, Applicant had filed Special Leave to Appeal before the Hon'ble Apex Court in the year 2011 and in support to this contention, placed reliance on the copy of Order dated 24.02.2012 passed in Special Leave to Appeal (Civil) No. 2580/2012 by the Hon'ble Apex Court. It is also pointed out that medical reports annexed with the Chamber Order are of the year 2017 and instant Chamber Order is filed on 27.09.2017 after period of almost five years.

2 Before : Shri A. M. Chandekar Prothonotary & Senior Master Date : 10th April, 2018 contd...

CHOL/121/2018 MPTL/351/2010 TP/686/1984 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) From the documents placed on record by the Applicant and Order of the Hon'ble Apex Court, relied by Respondent No. 3, contention of the Applicant is not sufficient to allow instant Chamber Order.

Hence, instant Chamber Order is rejected since devoid of merits. No order as to costs.

Later on :

At 04.07 p.m., Ms. Divya Parab I/b.

Anamika Malhotra, Advocate for Applicant appeared and submitted that Service Affidavit is ready, but she was unable to remain present when the matter is called out.

It is explained to the ld. Advocate for Applicant that order is already passed in the instant matter on merits, so nothing can be done at this stage.

Date : 10.04.2018 Prothonotary & Senior Master