Bombay High CourtCHOL/196/2024disposed off

Nilesh Laxman Churi v. The Municipal Commissioner Mcgm And 5 ORS.

2024-07-23Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 23rd July, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/196/2024 in WPL/3855/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Abhishek Nagode i/b. Mohan Gawade, 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 04.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant submits that the respondents were served with the Chamber Order as per Affidavit of Service, which is on record. Despite service, none appeared for and on behalf of the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit of the applicant, contents of which are self-explanatory. It is categorically contended that office objections were removed within given time, however, concerned department did not send file of captioned petition to the concerned Scrutiny Officer for further compliance due to which captioned Petition came to be rejected. Ld. Advocate for the applicant submits that grave prejudice will be caused if captioned petition is not restored to file and therefore, prays for restoration of captioned Petition.

The contentions, as aforesaid, of the applicant remain uncontested for want of resistance from the respondents' side. The grounds raised in aforesaid Affidavit, appear to be genuine. Hence, I consider present Chamber Order favourably. Accordingly, the present Chamber Order is granted as prayed and signed separately.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 23rd July, 2024 contd....

CHOL/196/2024 in WPL/3855/2023 ) ) ) ) ) ) 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 captioned Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 23.07.2024 Prothonotary and Senior Master