Maharashtra Construction Equipment Transport Malak Chalak Union And ANR v. State Of Maharashtra And 2 Other

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 16th September, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/412/2024 in WPL/24469/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Manjula Chakravaty i/b. Akshay Pradeep Jadhav, Advocate for the 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-compliance of office objections.

Ld. Advocate for the applicant submits that the respondents were served with the Chamber Order as per Affidavit of Service dated 21.08.2025, filed on 02.09.2025. Despite service, none appeared for the respondents.

Heard Ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory.

It is contended that inadvertently, office objections raised in the captioned Petition, were missed out due to which captioned Petition got rejected. Ld. Advocate for the applicant submits that most of the office objections were complied with and now, she will pursue with the captioned Petition diligently if it is restored to file. Grounds raised in the Affidavit, remain uncontested for want of resistance on the part of respondents. Therefore, I do not hesitate to rely on the grounds raised in Affidavit for the purpose of restoration of captioned Petition. So also, substantial justice cannot be denied on technical ground. However, it would be just and proper to impose certain cost upon the applicant so that, the applicant would be more diligent in pursuing captioned Petition once it is restored to file.

Hence, in the interest of justice, the present Chamber Order is granted as prayed subject to

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 16th September, 2025 contd....

CHOL/412/2024 in WPL/24469/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) payment of cost of Rs. 5,000/-' to The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India, Mumbai (Main) Branch, Account No. 000120110001337, IFSC CODE : BKID0000001 within two working days.

Upon payment of cost, the the petitioner to remove office objections of 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 noncompliance of office objections under O.S.Rule 986.

Date : 16.09.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.09.16 17:01:58 +0530 RAJEEV VIJAY ACHARYA