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Bombay High CourtCHOL/38/2025disposed off

Jay Malhar Shamrao Mhatre v. Shamrao Balkrishna Mhatre

2025-03-06Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 6th March, 2025 FOR HEARING AND FINAL DISPOSAL :

37. CHOL/38/2025 Ms. Dimple T. i/b. Khanvilkar Omkar Mohan, Advocate for Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN TPL/14576/2022 P.C.: The present Chamber Order is e-filed by the applicant for setting aside Order dated 27.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Heard Ld. Advocate for the applicant. Perused Affidavit in Support and Addl. Affidavit in support of the Chamber Order. It is contended therein that conditional Order dated 27.03.2024 was passed in the caption Petition. However, as the office objections could not be removed within time, Petition got rejected. It is further contended in Addl. Affidavit that the Petitioner is poor in health and could not maintain consistent communication with the Advocate and hence, delay of 155 days is caused in filing present Chamber Order.

Ld. Advocate for the applicant submits that he will pursue with the caption petition diligently, and prays for restoration of the same by condoning delay.

Reasons mentioned in Affidavit appear to be genuine. So also, the applicant has explained delay, as above, caused in filing present Chamber Order satisfactorily. Therefore, delay of 155 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed.

The petitioner to remove office objections on the Petition and get the same registered and/or .... 2

.... Continued Prothonotary and Senior Master Date : 6th March, 2025 : 2 :

numbered within four weeks from the date of uploading of order, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

) ) ) Date : 06.03.2025 Prothonotary & Senior Master Digitally signed by M.N.

Kadam Date:

2025.03.06 16:55:47 +0530 M.N.

Kadam