Xyz v. State Of Maharashtra

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 4th March, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/74/2025 in WPL/23233/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Rachita Padwal, Advocate for the applicant.

Ms. Manisha Gawde, A.G.P for respondent.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 21.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant tenders Affidavit of Service, showing service of Chamber Order upon respondent. Ld.

Advocate to file the same with the department. Heard ld. Advocate for the applicant. Perused Affidavit in Support of the Chamber Order, contents of which are self-explanatory. It is averred that office objection with regard to translation of documents viz. hand written medical opinion of the doctor, could not be complied with, within given time as the medical terms are not known by many translators. It is further averred that 202 days caused in filing present Chamber Order since medical documents were with respect to termination of pregnancy matter and it was not wise to share the documents with many translators for translation. Therefore, it is prayed that captioned Petition may be restored to file by condoning delay of 202 days caused in filing Chamber Order.

Ld. A.G.P for respondent submits for passing suitable orders.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 4th March, 2025 contd....

CHOL/74/2025 in WPL/23233/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Reasons mentioned on oath by the applicant, appear to be genuine and substantial justice cannot be denied on technical grounds. In my view, the applicant has made out a case for restoration of captioned Petition.

In view thereof, in the interest of justice, delay of 202 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 Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 04.03.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.03.04 17:35:49 +0530 RAJEEV VIJAY ACHARYA