Mahadeo Govind Andhare And ANR v. The State Of Maharashtra Thr. Dept. Of Co-Operation And ORS

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition (Stamp) No. 14402 of 2021 and Writ Petition (Stamp) No. 17909 of 2021 and Writ Petition (Stamp) No. 18729 of 2021 and Writ Petition (Stamp) No. 18743 of 2021 and Writ Petition (Stamp) No. 18744 of 2021 and Writ Petition (Stamp) No. 18821 of 2021 and Writ Petition (Stamp) No. 18827 of 2021 and Writ Petition (Stamp) No. 24540 of 2021 and Writ Petition (Stamp) No. 24541 of 2021 and Writ Petition (Stamp) No. 990 of 2022 and Writ Petition (Stamp) No. 2092 of 2022 and Writ Petition No. 1156 of 2021 and Writ Petition No. 5316 of 2022 Office Notes, Office Memoranda of Coram, Appearance, Court's orders or directions and Registrar's Court's or Judge's order orders The Ld. Advocate Sandhya A. Mailagir i/b. Anil D. Joshi, Advocate for the Petitioner is present in WP (st) No. 18729 of 2021.

CORAM : H.M. BHOSALE REGISTRAR (JUDL.-I) Date : 09/08/2023

The abovementioned Writ Petitions are listed on the board of Registrar on second occasion. The Registrar vide earlier order has specifically directed the Petitioners/Learned Advocates to remove office objections without fail, otherwise appropriate orders would be passed. Office objections are not removed.

Here reference to Chapter XVII of the High Court Appellate Side Rules, 1960 may conveniently be made. Rule 3 of Chapter XVII deals with examination/scrutiny of the objections and manner of notifying office objections.

Sub-rule (ii) specifically provides that as soon as objections are ready, the office shall notify the matter, calling upon the party or the Advocate concerned to remove office objections within 14 days from the date of such notification. Sub-rule (iii) further provides that the Advocate or the Party concerned shall remove all the office objections within 14 days allowed under Sub-rule (ii), failing which the matter shall forthwith be placed before the Registrar, and the Registrar shall refuse registration.

Having considered the provisions under Rule 3 of Chapter XVII of the Bombay High Court Appellate Side Rules, 1960, period of 14 days is prescribed for removal of office objections.

The above numbered Writ Petitions are filed during the years 2021- 2022. The office objections are not removed. The office objections are formal in nature like (i) photocopies annexed with the petition are not legible (ii) court fee is deficit (iii) synopsis is not as per practice note, (iv) pages are

not legible, etc. All these office objections can be removed within one week. However, for this miscellaneous purpose, the matters are lying unnecessary from long period of time. Adverse orders are not passed as due to pandemic, it was not possible to remove office objections. However, from the last about two years, everything is normal and despite the same though the Petitions are listed on the board of Registrar, neither the Advocates nor the Petitioners made efforts to remove office objections. In the circumstances, registration of all those petitions deserves to be refused.

However, instead of passing adverse order outrightly, it would be just and proper to give one more opportunity subject to condition.

In turn, the learned Advocates and the Petitioners are directed to remove office objections within two weeks, without fail. On failure, registration of the above numbered Writ Petitions would stand refused automatically without further reference to the Court of Registrar.

Sd/- REGISTRAR (JUDL.-I)