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Bombay High CourtCA/6132/2018disposed offdismissed for default

Lalu Hulaji Nukulwad v. The State Of Maharashtra And ORS

2019-09-27Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1035-ca-6132-18 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1035 CIVIL APPLICATION NO.6132 OF 2018 IN FAST/3761/2018 LALU HULAJI NUKULWAD

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. Chincholkar G.N. AGP for Respondents/State : Mr. A.M. Phule ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 27th SEPTEMBER, 2019.

ORDER :

.

Issue notice to the respondents. Learned AGP waives notice for respondent Nos.1 and 2. Since the registration is itself refused before the acquiring body could be summoned, under such circumstance, it is not necessary to issue any notice to respondent No.3. 2.

Present application has been filed for setting aside the order passed by the learned Registrar (Judicial) dated 27.03.2018 which was a conditional order for removal of office objection and it was stated that if the objections are not removed within one week, then registration would be treated as refused.

1035-ca-6132-18 .odt 3.

Heard both sides and perused the documents. It appears that the main objection was in respect of Court fees which was not paid and since the Court fees was not paid, the registration has been refused. Now the claimant/applicant is ready to pay the necessary Court fees. Under such circumstance, application is allowed in terms of prayer clause 'A'. 4.

Applicant to remove all office objections within a period of four weeks.

5.

In case of failure on the part of applicant to remove those office objections within the aforesaid period, it shall be treated that the registration is once again refused.

6.

Civil Application stands disposed of accordingly. (SMT. VIBHA KANKANWADI, J.) SCM