Alka Girdharlal Chavda And ANR v. Sheth Dhanji Devshi Rashtriya Shala, (Girls High School) And 3 ORS.

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 21st March, 2025 FOR HEARING AND FINAL DISPOSAL :

23. CHOL/126/2024 IN WP(L)/798/2020 ) ) ) ) ) Mr. A.L. Gore, Adovcate for Applicant Ms. Manisha Gawade, AGP for Respondent Nos. 3 and 4 P.C. : The present Chamber Order is e-filed by the Applicant for setting aside Order dated 28.06.2023, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Affidavit of Service showing service of present Chamber Order is already e-filed. Accordingly, today, AGP for Respondent Nos. 3 and 4 is present. Perused Chamber Order, Affidavit and Additional Affidavit in Support of the Chamber Order. It is averred in para 3 of the Additional Affidavit that on 28.06.2023, when the Petition was listed before this Authority, Advocate could not remain present and hence, he was not aware about the order passed in the matter. Further, he became aware of the status of the matter in the second week of February 2024. Hence, there is delay of about 238 days in filing the present Chamber Order. Hence, the Applicant prays for restoration of captioned Petition by condoning delay of 238 days caused in filing present Chamber Order.

Ld. AGP for Respondent Nos. 3 and 4 submits that suitable order may be passed in the present Chamber Order.

Upon hearing submissions of Ld. Advocate for Petitioner and considering grounds raised in the .... 2

..... Continued Prothonotary and Senior Master Date : 21st March, 2025 : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Affidavit, I am of the view that the Applicant should get one opportunity to pursue with the captioned Petition diligently; as the Applicant with all fairness submitted that office objections could not be removed due to inadvertence/mistake on the part of Advocate.

In view thereof, delay of 238 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 numbered and/or registered within four weeks from the date of uploading of the order, failing the Petition to stand rejected for non-removal of office objections under O.S.Rule 986.

Date : 21.03.2025 Prothonotary & Senior Master Digitally signed by M.N.

Kadam Date:

2025.03.21 16:41:41 +0530 M.N.

Kadam