Vidya Abhijit Shinde v. The State Of Maharashtra And ORS.

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 27st September, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/395/2024 in WPL/33817/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Vinayak Kumbhar, Advocate for the applicant.

None present for the respondents.

P.C.:

The present Chamber Order is taken out by the 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 applicant submits that the respondents were served with the Chamber Order as per Affidavit of Service, which is on record. Despite service, none appeared for and on behalf of the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is categorically averred that Advocate on record was not aware about Order dated 20.02.2024 passed in the captioned Petition due to which office objections could not be complied with. It is also averred that in the meantime, captioned Petition was listed before the Hon'ble Division Bench of this Court on 27.02.2024 for admission, however, due to paucity of time it could not be taken up for hearing. Ld. Advocate submits that due to his inadvertence, delay of 88 days was caused in filing present Chamber Order, which may be condoned and captioned Petition may be restored to file as grave prejudice will be caused to the petitioner if captioned Petition is not restored to file. None appeared for and on behalf of the respondents to resist contentions raised by the applicant in his Affidavit in Support.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 27st September, 2024 contd....

CHOL/395/2024 in WPL/33817/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Considering reasons in the Affidavit in Support and submissions of the ld. Advocate, I am of the view that delay of 88 days caused in filing present Chamber Order needs to be condoned and one opportunity is required to be given to the applicant to pursue with the captioned Petition so that substantial justice can be taken care of.

In view thereof, delay of 88 days caused in filing present Chamber Order is condoned and 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 three weeks from the date of uploading of order, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Chamber Order is disposed of accordingly.

Date : 27.09.2024 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2024.09.30 12:59:13 +0530 RAJEEV VIJAY ACHARYA