Rushikesh Madhukarrao Ajabe And Others v. Swati W/O Rushikesh Ajabe And Another

1 901-Cri.Appln-3532-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 CRIMINAL APPLICATION NO.3532 OF 2022 IN APPLN/1244/2022 RUSHIKESH MADHUKARRAO AJABE AND OTHERS

VERSUS

SWATI W/O RUSHIKESH AJABE AND ANOTHER ...

Advocate for Applicants : Mr B.P. Patil h/f Mr R. U. Hanwate CORAM : SHRIKANT D. KULKARNI, J.

DATE : 18th OCTOBER, 2022 PER COURT :

1.

The applicants are seeking prayer to recall the order passed by this Court dated 7th September, 2022 in Criminal Application No. 1244/2022 and restore the application to its original position. 2.

Heard Mr B.P. Patil holding for Mr R.U. Hanwate, learned counsel for the applicants. He submits that due to ill health of Mr Hanwate, he could not attend the Court and ultimately, failed to remove office objections which resulted in dismissal of application on account of nonremoval of office objections within a stipulated period. He therefore, urged to recall the order.

3.

Perused the earlier order passed by this Court dated 7th September, 2022.

2 901-Cri.Appln-3532-2022 4.

In the interest of justice and in order to decide the lis on its own merits, the order passed by this Court dated 7th September, 2022 is hereby recalled. The proceedings in Criminal Application No. 1244/2022 is restored to its file.

5.

The applicants are permitted to remove the office objections within a period of two weeks from today.

6.

The Criminal Application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] mta