Bombay High CourtCHOL/159/2024disposed off

Salim Abdul Rajak Tamboli v. The State Of Maharashtra And 2 ORS

2024-09-30Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 30th September, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/159/2024 in WPL/17381/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Priyanka Patkar, Advocate for the applicant.

None present for the respondents.

P.C.:

The present Chamber Order is taken out 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 on last occasion ld. Advocate appeared for the respondents had sought time for filing reply, however, today neither the respondents are present nor filed reply. Ld. Advocate for the applicant made a statement that she has not received copy of reply from the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit of the applicant. It is contended that recently, the applicant has engaged present Advocate, who made him aware about rejection of caption Petition for noncompliance of office objections. Further, the applicant contended that grave prejudice will be caused if captioned Petition is not restored to file. Ld. Advocate for the applicant submits that she will pursue with the captioned Petition diligently if the same is restored to file.

It appears that despite giving opportunity, the respondents failed to file their reply and contest the present Chamber Order.

Therefore, the contentions of the applicant, as aforesaid, remain uncontested. In view thereof, in my opinion, the applicant has made out his case for restoration of captioned Petition. Hence, the present Chamber Order is granted as prayed and signed separately.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 30st September, 2024 contd....

CHOL/159/2024 in WPL/17381/2023 ) ) ) ) ) ) The petitioner to remove office objections on the Petition and get the same registered and/or numbered within two 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 : 30.09.2024 Prothonotary and Senior Master by RAJEEV VIJAY ACHARYA Date:

2024.10.01 15:15:59 +0530 RAJEEV VIJAY ACHARYA