Janardhan Pyarelal Dubey v. The State Of Maharashtra Through The Secretary And 6 ORS.

Before : S.S. Agate I/c. Prothonotary and Senior Master Date : 16th December, 2024 FOR HEARING AND FINAL DISPOSAL :

1.

CHOL/269/2024 ) ) ) ) ) Mr. R.P. Saroj, Advocate for Petitioner / Applicant IN WP(L)/32525/2022 Ms. Manisha Gawde, AGP for State, Respondent Nos. 1 to 5 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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-compliance of office objections.

Ld. Advocate for the Petitioner / Applicant submits that all the Respondents have duly been served with the Chamber Order and Affidavits of Service to that effect are already filed on record. Despite service, none appeared for and on behalf of Respondents, except Respondent Nos. 1 to 5.

Perused Affidavit in Support of the Chamber Order. It is contended therein that despite remaining present on 20.02.2024 before this Authority, the erstwhile Advocate failed to inform the Petitioner about the conditional order passed in the present matter. Hence, immediately after becoming aware of above conditional order, the present Chamber Order was taken out by the Advocate on record. Hence, Ld. Advocate prays for setting aside conditional order dated 20.02.2024 and restore the captioned Petition by condoning delay of 2 months and 9 days caused in filing present Chamber Order. Ld. AGP for Respondents Nos. 1 to 5 submits that appropriate order may be passed in the present Chamber Order.

Considering the averments made in the Affidavit in .... 2

.... Continued Before : S.S. Agate I/c. Prothonotary & Senior Master Date : 16th December, 2024 : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) support, I am of the view that Petitioner / Applicant has made out a case to allow the present Chamber Order and restore the present Petition on its lodging number, by condoning delay caused in filing present Chamber Order. 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 registered and/or numbered within two weeks from the date of uploading of order, failing the Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 16.12.2024 I/c. Prothonotary & Senior Master