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Bombay High CourtMCA/877/2019allowed

Dr. Shaileshkumar Kamat And ANR., v. Mormugao Planning And Development Authority, Thr. Its Secretary And 4 ORS.,

2019-10-18Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 877 OF 2019 IN STAMP NUMBER MAIN NO. 1534 OF 2017 DR. SHAILESHKUMAR KAMAT AND ANR., ... Applicants

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MORMUGAO PLANNING AND DEVELOPMENT AUTHORITY, THR. ITS SECRETARY AND 4 ORS., ... Respondents Mr. Parikshit S. Sawant, Advocate for the Applicants. Coram:- C. V. BHADANG, J.

Date:- 18th October, 2019 P.C.

Heard the learned Counsel for the applicants.

2. This is the second occasion on which the petitioner is required to file this revision application challenging the order of the Registrar refusing registration of the Writ Petition for want of compliance of the office objections. The first of such order was passed by the Registrar on 13.04.2018 against which a revision application no.936/2018 was filed, which was allowed on 29.01.2019 and the Writ Petition Stamp No.1534/2017 was restored subject to the petitioners clearing the office objections within one week.

3. It is submitted on behalf of the applicants that all the office

MCA/877/2019 objections were cleared. However, subsequently the office notified some more office objections for which the matter was listed before the Registrar on 28.03.2019, 11.04.2019, 25.04.2019, 06.06.2019 and lastly on 20.06.2019 when the Registrar was left with no other alternative than to refuse the registration again.

4. Now, the learned Counsel for the applicant states that the applicant shall remove all the office objections within two weeks. The statement so made is accepted.

5. For the reasons mentioned in the application, the delay in filing the Revision Application is condoned. The Revision Application is allowed. The order dated 20.06.2019 passed by the learned Registrar is set aside subject to the applicant depositing costs of Rs.5,000/- with the Goa State Legal Service Authority and clearing all the office objections within one week.

6. If the costs are paid and the office objections are removed, the office shall register the Writ Petition.

C. V. BHADANG, J.

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