Dilip Ghanshyam Patel v. Shri Jayanti Jiwabhai Siroya And 4 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION LD. NO. 618 OF 2018 IN WRIT PETITION LD. NO. 1594 OF 2015 Dilip Ghanshyam Patel.

..Petitioner.

Versus

Jayanti Jiwabhai Siroya & and Others.

..Respondents.

Mr. A. T. Gade I/b S. R. Ronghe for the Petitioner. Mr. C. K. Bangoji for Respondent No. 1.

Mr. Milind More, AGP for the Respondent-State. Mr. R S. Apte, Senior Advocate with Ms. Sheetal Metkari for MCGM. Coram : RANJIT MORE & REVATI MOHITE DERE, JJ.

Date : December 3, 2018.

P. C. :

1.

This notice of motion is taken out for restoration of Writ Petition Ld. No. 1594 of 2015 by condoning the delay of 76 days. On 24th July 2018, the said writ petition was placed before the Prothonotary and Senior Master since there were some office objections. On that day, the Petitioner was directed to remove those office objections on or before 14th August 2018 failing which it was provided that petition shall stand rejected under Rule 986 of High Court Original Side Rules. The Petitioner could not remove those office objections within the stipulated time. Resultantly, in terms of the self-operative order of the Prothonotary, the writ petition stood patilsr 1 / 2

rejected automatically for non removal of office objections. 2.

Today, the learned counsel for the Petitioner makes a statement that all the office objections raised by Registry would be removed by him on or before 20th of December 2018. Statement accepted as an undertaking to this Court.

3.

In view of the undertaking and for the reasons stated in the affidavit in support of notice of motion, we allow this notice of motion in terms of prayer clauses (b) and (c). Writ petition stands restored to the file. Let the writ petition come up for admission on 20th December 2018.

4.

Notice of motion stands disposed of.

[REVATI MOHITE DERE, J.] [RANJIT MORE, J.] patilsr 2 / 2