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Bombay High CourtRC/425/2020

Sneha Dayanand Ghantewad v. The State Of Maharashtra And Others

2019-08-193 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WITH 46 WRIT PETITION (STAMP) NO.25435 OF 2019 WITH 47 WRIT PETITION (STAMP) NO.25585 OF 2019 WITH 51 WRIT PETITION (STAMP) NO.29885 OF 2019 WITH 52 WRIT PETITION (STAMP) NO.29908 OF 2019 WITH 56 WRIT PETITION (STAMP) NO.30896 OF 2019 WITH 57 WRIT PETITION (STAMP) NO.31209 OF 2019 WITH 58 WRIT PETITION (STAMP) NO.31830 OF 2019 WITH 61 WRIT PETITION (STAMP) NO.32485 OF 2019 WITH 62 WRIT PETITION (STAMP) NO.32569 OF 2019 WITH 65 WRIT PETITION (STAMP) NO.32821 OF 2019 WITH 66 WRIT PETITION (STAMP) NO.32989 OF 2019 WITH 67 WRIT PETITION (STAMP) NO.33028 OF 2019 WITH 70 WRIT PETITION (STAMP) NO.33152 OF 2019 WITH 73 WRIT PETITION (STAMP) NO.33374 OF 2019 WITH 74 WRIT PETITION (STAMP) NO.33384 OF 2019 WITH 75 WRIT PETITION (STAMP) NO.33388 OF 2019 ...

CORAM:

H.M.BHOSALE REGISTRAR (JUDL) DATED: 09/03/2020

1.

None present. In these PIL/Writ Petitions the Office objections were notified, however, the petitioners or their advocates failed to remove the office objections within 14 days. Therefore, these petitions were placed before the Court of Registrar. Thereafter also two weeks time was granted but none turned up to remove the office objections. Today also, though it is a last chance, nobody is present. In these circumstances, it would be proper to refuse the registration instead of keeping these petitions pending unnecessary. 2.

Chapter XVII Rule 3 (ii) and (iii) of the Bombay High Court Appellate Side Rules states that after notification of memorandum of objections, the Advocates or the parties concerned shall remove all the objections within 14 days.

3.

Further, Chapter XVII Rule 3 (iii) states that, if objections are not removed within the prescribed time as provided under sub-rule 3 (ii) the Registrar shall refuse registration of all such matters. The further sub rule states that if regular application with the necessary Court fee is moved and advocate removed all objections within a period of 14 days next after the expiry of the period prescribed under Rule 3(ii), the Registrar may excuse the delay and order that the matter be registered. 4.

In the petitions in hand, the learned Advocates/petitioners

have failed to remove the office objections within 14 days as contemplated under sub-rule 3 (ii). Thereafter, the petitions were placed on the Board of Registrar (Judicial). Thereafter, again, in the interest of justice, two weeks time was granted to enable the Advocate or party to remove the office objections. However, despite granting in all four weeks time, no effective step has been taken to remove the office objections. 5.

In these circumstances, it would be proper to refuse the registration. In turn, I pass the following order.

ORDER

The registration of the above numbered P.I.L./Writ Petitions stands refused.

REGISTRAR (JUDL)