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Bombay High CourtIA/5018/2022disposed off

Avtar Singh Nagi v. The State Of Maharashtra And 3 ORS.

2024-03-20Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

3-IA-5018-2022.DOC S.R.JOSHI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.5018 OF 2022 IN WRIT PETITION (L)NO.2029 OF 2019 Avtar Singh Nagi ... Applicant

Versus

The State of Maharashtra & Others

...Respondents

Mr. Rahul Yadav with Mr. Adarsh B. Kanojiya i/b. Nedumpara & Nedumpara, for the Petitioner.

Smt. P. H. Kantharia, G. P. for the Respondent-State. _______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

20th MARCH, 2024 _______________________ P.C.

Digitally signed by SMITA RAJNIKANT JOSHI Date:

2024.03.23 15:16:33 +0530 SMITA RAJNIKANT JOSHI We have heard the learned Counsel for the Applicant on this Interim Application which seeks restoration of the Writ Petition which came to be dismissed for non-removal of office objection within a stipulated period from the filing of the Application. We have also perused the explanation as set out by the Applicant in supporting the prayers for condonation of delay. In our opinion, the delay has been sufficiently explained. It is required to be condoned.

Having perused the averments made in the Application, we are of the opinion that, in the interests of justice, this Application is required to be allowed and, is, accordingly allowed. We, accordingly, condoned the delay as has been sufficiently explained.

20 March, 2024

3-IA-5018-2022.DOC The Petition is restored to the file of this Court and be listed for admission on the returnable date.

Office objections, if any, may be removed within a period of two weeks from today, failing which, the Writ Petition shall stands dismissed without further reference to the Court.

The Interim Application is accordingly allowed in the aforesaid terms. No costs.

(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 20 March, 2024