Dharmaraj P Kanojia v. The State Of Maharashtra Throu. Govt Pleader And ORS

Digitally signed by VARSHA VIJAY RAJGURU Date:

2024.02.02 19:08:59 +0530 VARSHA VIJAY RAJGURU varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1164 OF 2024 IN WRIT PETITION (ST) NO. 4634 OF 2021 Dharmaraj P. Kanojia ... Applicant

IN THE MATTER BETWEEN

Dharmaraj P. Kanojia ... Petitioner vs.

The State of Maharashtra and Ors.

... Respondents Mr. Amey C. Sawant a/w. Neha R. Parte for Applicant. Mr. P.P. Pujari, AGP for Respondent-State.

CORAM : GAURI GODSE, J.

DATED : 2nd FEBRUARY, 2024 P.C. :- 1.

Not on board. Taken up on production board.

2.

Papers were produced pursuant to the praecipe for seeking urgent relief against the eviction notice dated 29th January 2024. This application is filed for setting aside the conditional order dated 23rd December 2022 and for restoration of the writ petition. There is a delay in filing the application. The reasons for delay are explained in the application.

Page no. 1 of 3

3.

Issue notice to respondents, returnable on 13th February 2024. Learned AGP waives notice on behalf of respondent nos. 1 to

4. In addition to court notice, applicant is directed to serve remaining respondents by private notice and file affidavit of service before the returnable date.

4.

Though, delay in filing the application for restoration as well as non compliance of the conditional order is sought to be explained in the application, the same does not appear to be satisfactory. However, due to the fault of the advocate, the applicant should not be made to suffer. Hence, learned counsel appearing for the applicant states that the advocate for the applicant shall pay cost for the default on the part of the earlier advocate for the applicant. 5.

Learned counsel for the applicant states that an amount of Rs. 10,000/- will be deposited in the Advocates Association of Western India Generation Next, bearing Account No. 000110110007807, in favour of Bank of India, Main Branch,having ISFC Code- BKID0000001, within one week from today. Learned counsel for the petitioner also undertakes to remove all the office objections and comply with the conditional order dated 23rd December 2022 within a period of two weeks from today. Page no. 2 of 3

6.

Till next date there will be ad interim relief in terms of prayer clause (d) which reads as under:- "d) pending the hearing and final disposal of the Interim Application, this Hon'ble Court may be pleased to stay the effect, implementation and operation of notice dated 29.01.2024 issued by Respondent No.4 received by Petitioner on 01.02.2024."

7.

Stand over to 13th February 2024.

8.

To be listed under the caption for 'Direction'. (GAURI GODSE, J.) Page no. 3 of 3