Ritesh Parshuram Ghaiwat And 21 ORS v. The State Of Maharashtra And 3 ORS

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 4th October, 2024 FOR HEARING AND FINAL DISPOSAL :

14. CHOL/268/2024 IN WP(L)/8328/2023 ) ) ) Mr. Freddy Bhadha i/b. Mr. V.S. Kapse, Advocate for Petitioner / Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out for restoration of the captioned Writ Petition, which was rejected vide Order dated 14.02.2024 for non-compliance of office objection under O.S. Rule 986.

Affidavit of Service showing service of Chamber Order upon Respondents is already filed on record. Despite service, today, none appeared on behalf of Respondents.

Perused Affidavit and Addl. Affidavit in support of Chamber Order. Heard Ld. Advocate for Petitioner / Applicant. It is averred in the Affidavit in support that on 14.02.2024 when the matter was listed for Rejection under O.S. Rule 986, Advocate could not remain present before this Authority. Further, few office objections, including translation of Exhibits, remained to be removed within given time due to which Petition got rejected. It is averred in Addl. Affidavit in support of Chamber Order that immediately after the knowledge of dismissal of the Petition, Ld. Advocate filed present Chamber Order. Hence, he prayed for setting aside conditional order dated 14.02.2024 and restoration of the captioned Petition by condoning delay of 45 days caused in filing present Chamber Order.

Upon hearing submissions of Ld. Advocate for Petitioner and considering grounds raised in the .... 2

Prothonotary and Senior Master Date : 4th October, 2024 .... Continued : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Affidavits, I am of the view that reasons mentioned on oath, as above, by the Applicant / Petitioner remained uncontested for want of resistance from the Respondents' side. Therefore, relying on the aforesaid contentions of the Applicant, I am of the view that the Applicant has explained delay, as aforesaid, caused in filing present Chamber Order satisfactorily and made out his case for restoration of captioned Petition. Hence, delay of 45 days, caused in filing present Chamber Order, is condoned and 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 registered within three 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 : 04.10.2024 Prothonotary & Senior Master