Komal Manoj Beriwal v. The State Of Maharashtra Through Government Pleader And ANR

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 18th July, 2024 FOR HEARING AND FINAL DISPOSAL :

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CHOL/172/2024 IN WP(L)/16661/2023 ) ) ) ) Mr. Zulfiq Multani i/b. Mr. Manoj Kumar Mishra, Advocates for Petitioner / Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out by the Petitioner / Applicant for setting aside Order dated 20.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Affidavit of Service dated 24.04.2024 is already filed on record. Despite service, today none appeared for the Respondents.

Perused Chamber Order and Affidavit in Support of the Chamber Order. It is contended therein that the Petitioner was not aware about listing of the matter on 20.02.2024, before this Authority, for Rejection under O.S. Rule 986. Further, the matter was listed on 01.03.2024 and 15.03.2024 i.e. post rejection, before the Hon'ble Court; because of which the Petitioner could not remove office objections raised in the Petition. Hence, he prays for restoring the present Petition. Upon considering grounds mentioned in the Affidavit, I am of the view that the Petitioner / Applicant should get one opportunity to pursue with the captioned Petition diligently. So also, substantial justice cannot be denied on technical grounds. Hence, the present Chamber Order is granted as prayed and signed separately.

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..... Continued Prothonotary and Senior Master Date : 18th July, 2024 : 2 :

) ) ) ) ) ) The Petitioner to remove office objections on the Petition and get the same numbered and/or registered within two 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 : 18.07.2024 Prothonotary & Senior Master