Bombay High CourtCHOL/347/2024disposed off

Devendra Damodar Tandel v. The State Of Maharashtra And 4 ORS.

2025-02-13Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 13th February, 2025 FOR HEARING AND FINAL DISPOSAL :

14. CHOL/347/2024 in WP(L)/4855/2023 ) ) ) Mr. Rahil Fazelbhoy, Advocate for Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out by the Applicant for setting aside Order dated 14.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Affidavit of Service proving service of present Chamber Order upon all Respondents is already on file. Despite service, none appeared for the Respondents.

Today, Ld. Advocate for the Applicant tenders Additional Affidavit in support of Chamber Order. Same is taken on file.

Heard Ld. Advocate for the Applicant. Perused Affidavit-in-Support and Additional Affidavit in support of Chamber Order. It is contended in Additional Affidavit that due to unintentional miscommunication and other reasons, office objections could not be removed on time. Hence, it is prayed that present Chamber Order may be allowed by condoning delay of 114 days caused in filing present Chamber Order.

Upon hearing submissions of Ld.

Advocate for Applicant and considering grounds raised in the Additional Affidavit, I am inclined to consider the present Chamber Order favourably since it is desirable that substantial justice cannot be denied on technical grounds. Hence, Chamber Order is allowed by condoning delay of 114 .... 2

.... Continued CHOL/347/2024 in WP(L)/4855/2023 Prothonotary and Senior Master Date : 13th February, 2025 : 2 :

days and signed separately.

) ) ) ) ) ) ) ) ) The Petitioner to remove office objections on the Petition and get the same numbered and/or 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 : 13.02.2025 Prothonotary & Senior Master M.N.

Kadam by M.N. Kadam Date:

2025.02.13 16:52:58 +0530