Mahesh Dharma Patil v. The State Of Maharashtra Through Government Pleader

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 10th March, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/55/2025 in WPL/1320/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Chitra Kawalekar i/b. Sachin Maurkar, Advocate for the applicant.

Ms. Manisha Gawde, A.G.P for respondent no.

1.

None present for respondent no. 2.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 14.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant submits that respondent no. 2 was served with the Chamber Order as per Affidavit of Service dated 25.09.2024, filed on record. Despite service, none appeared for and on behalf of respondent no. 2.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory.

It is averred that inadvertently, Advocate on record did not notice Conditional Order passed in the matter, due to which office objections could not be removed within given time. It is further averred that for the same reason, delay of 75 days caused in filing present Chamber Order, which was unintentional and therefore, prayed that captioned Petition may be restored to file by condoning delay.

Ld. A.G.P appearing for respondent no. 1 waives service of notice of Chamber Order for and on behalf of respondent no. 1 and submits for passing suitable orders. Respondent no. 2 choose to remain absent despite service.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 10th March, 2025 contd....

CHOL/55/2025 in WPL/1320/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Considering reasons putforth in the Affidavit, I am of the view that the applicant should not be suffered for inadvertence mistake on the part of Advocate and therefore, he should get an opportunity to pursue with the captioned petition diligently. Moreover, no prejudice would cause to the respondents since they can contest the captioned Petition on merits once it is restored to its original file. In view thereof, delay of 75 days caused in filing present Chamber Order is condoned and the present Chamber Order is granted as prayed.

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 Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 10.03.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.03.11 12:31:18 +0530 RAJEEV VIJAY ACHARYA