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Bombay High CourtCHOL/41/2025disposed off

Joyce Roger Dabreo v. Deputy Director Of Education And 4 ORS.

2025-04-17Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 17th April, 2025 FOR HEARING AND FINAL DISPOSAL :

) ) ) ) ) Ms. Priyanka Tiwari i/b. Ashley Cusher, Advocate for Applicant

30. CHOL/41/2025 in Ms. Manisha Gawade, AGP for Respondent (State of Maharashtra) WP(L)/16076/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out for restoration of the captioned Petition, which was rejected vide Order dated 07.08.2024 for noncompliance of office objection under O.S. Rule 986. Affidavit of Service showing service of Chamber Order is already filed on record. Despite service, none appeared for and on behalf of Respondents except AGP for State of Maharashtra.

Heard Ld. Advocate for the Applicant. Perused Affidavit in Support to the Chamber Order. It is contended therein that due to non co-operation of erstwhile Advocate, Applicant approached High Court Legal Service Committee, Mumbai for legal aid service whereby, Adv. Cusher Ashley David was appointed as an Advocate. However, by the time, Petition got rejected. As the matter was dismissed, the Establishment Officer of the High Court Legal Service Committee issued a fresh Appointment Letter and appointed Adv. Cusher Ashley David to appear in the matter. It is further averred that due to the aforesaid reasons, delay of 81 days has caused in filing present Chamber Order. Hence, the Applicant requests for allowing the present Chamber Order by condoning delay of 81 days.

Ld. AGP for State (Respondent) submits that appropriate order may be passed.

Reason mentioned in the Affidavit-in-Support appears to be bonafide, and substantial justice .... 2

Prothonotary and Senior Master Date : 17th April, 2025 .... Continued : 2 :

cannot be denied on technical ground. Further, the Applicant has explained delay of 81 days, as aforesaid, satisfactorily. Hence, delay of 81 days caused in filing present Chamber Order is condoned and the present Chamber Order is granted as prayed and signed separately.

) ) ) ) ) ) ) ) ) ) ) ) ) The petitioner to remove office objections on the Petition and get the same registered and/or numbered within four weeks from the date of uploading of order, failing the petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 17.04.2025 Prothonotary & Senior Master Digitally signed by M.N.

Kadam Date:

2025.04.17 17:14:35 +0530 M.N.

Kadam