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Bombay High CourtCHOL/216/2024disposed off

Suvarna Shivsram Parte v. State Of Maharashtra And 4 ORS

2024-06-26Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 26th June, 2024 FOR HEARING AND FINAL DISPOSAL :

15. CHOL/216/2024 IN WP(L)/11474/2023 ) ) ) Mr. Sunil Kadam, Advocate for Petitioner / Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : By way of present Chamber Order, Petitioner / Applicant seeks restoration of captioned Petition, which was rejected under O.S. Rule 986 for non-compliance of office objections in view of minutes of order dated 13.03.2024.

It is contended in Affidavit-in-Support of the present Chamber Order that when the matter was listed on 13.03.2024 for rejection under O.S. Rule 986, the Junior Advocate who appeared in the matter, failed to take note of the last date for removal of office objections. It is further stated that inadvertently, the Clerk of the Ld. Advocate also failed to remove office objections.

Affidavit of Service dated 19.06.2024 proving service of present Chamber Order upon all Respondents is already on record. Despite service, none appeared for Respondents to resist the contentions made by Petitioner / Applicant.

Considering the averments made in the Affidavit in support, I am of the view that Petitioner / Applicant has made out a case to allow the present Chamber Order and restore the Writ Petition on its lodging number. Hence, the present Chamber Order is granted, as prayed and signed separately.

The Petitioner to remove office objections on the Petition and get the same numbered and/or .... 2

.... Continued CHOL/216/2024 IN WP(L)/11474/2023 Prothonotary and Senior Master Date : 26th June, 2024 : 2 :

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 : 26.06.2024 Prothonotary & Senior Master