Lovina Nicholas Dsouza v. The State Of Maharashtra Through Its Government Pleader And 4 ORS.
Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 08th October, 2024 FOR HEARING AND FINAL DISPOSAL :
CHOL/198/2024 in WPL/29839/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sneha Panchmukh a/w. Shweta Rathod i/b. Elixir Legal Services, 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 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 applicants. Perused Affidavit in Support to the Chamber Order. It is contended that some of the office objections were complied with, however, office objections with regard to English translation and replacement of illegible copies with legible copies could not be complied with, within given time as documents were running in multiple pages. It is further contended that ld. Advocate has applied for translation of documents, which is pending. It is further contended that the applicant has a good case on merits and therefore, prayed that captioned Petition may be restored to file. Ld. Advocate for the applicant submits that he will pursue with the captioned Petition diligently if it is restored to file.
Considering reasons, as above, it transpires that the applicant had made an attempts to remove office objections, and he is in process of removing office objections. Therefore, in my
2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 08th October, 2024 contd....
CHOL/198/2024 in WPL/29839/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) opinion, one opportunity is required to be given to the applicant to pursue with the captioned Petition. Moreover, none appeared for and on behalf of the respondents to contest the present Chamber Order. In view thereof, 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 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 : 08.10.2024 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:
2024.10.08 18:30:45 +0530 RAJEEV VIJAY ACHARYA