Mahrashtra Navnirman Kamgar Sena v. State Of Maharashtra

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 13th August, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/283/2024 in WPL/20949/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sohan Patil and Habib Ansari i/b. Abhijit Tulsankar, Advocate for the applicant.

None present for the respondent.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 13.02.2024, 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, filed on 26.07.2024. Despite service, none appeared for and on behalf of the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit of the applicant. It is contended that ld. Advocate was in process of removing office objections, however, office objection with regard to translation of Marathi documents could not be done within given time as said documents were voluminous in nature. It is further contended that 62 days delay was caused in filing present Chamber Order as the applicant was in process of obtaining copies of translated documents. Ld. Advocate submits that he will comply office objections on the captioned petition within given time if it is restored to file.

On going through the contentions raised in the Affidavit, it can be gathered that the applicant had taken efforts to comply office objections within given time, however, same could not be complied with for the reasons mentioned as above.

Since none appeared for the respondents, contentions of the applicant remain uncontested. Furthermore, the

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 13th August, 2024 contd....

CHOL/283/2024 in WPL/20949/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) applicant has properly explained delay, as aforesaid, caused in filing present Chamber Order.

In view thereof, I do not hesitate to rely on the contentions of the applicant for purpose of restoration of captioned petition. Hence, 62 days delay, caused in filing present Chamber Order, is condoned, and the present Chamber Order is granted as prayed.

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 O.S.Rule 986.

Date : 13.08.2024 Prothonotary and Senior Master by RAJEEV VIJAY ACHARYA Date:

2024.08.13 19:22:05 +0530 RAJEEV VIJAY ACHARYA