Bombay High CourtCHOL/551/2024disposed off

Sunil S/O Shankarrao Khillare v. State Of Maharashtra

2025-01-16Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 16th January, 2025 FOR HEARING AND FINAL DISPOSAL :

15. CHOL/551/2024 in WP(L)/23757/2023 ) ) ) ) ) Mr. Prasad Rokade a/w. Mr. Yogesh Dharra i/b. Mr. Ashok Saraogi, Advocate for Applicant Ms. Manisha Gawade, AGP for State of Maharashtra ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C.: The present Chamber Order is taken out by the Petitioner for setting aside Order dated 11.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections. Affidavit of Service showing service of present Chamber Order is already filed on record.

Perused Chamber Order and Affidavit in Support of Chamber Order, Exhibit 'A' i.e. Minutes of Orders dated 11.03.2024 and 02.04.2024. Heard Ld. Advocate appearing for the Petitioner.

It appears that due to non-compliance of aforesaid orders dated 11.03.2024 and 02.04.2024, captioned Petition got rejected. It is averred in Paragraph No. 7 of the Affidavit that for want of knowledge of aforesaid order, captioned petition got rejected and he got knowledge of rejection of the captioned petition in fourth week of April 2024 and therefore, technically there is delay of 14 days in filing present Chamber Order. Hence, Petitioner seeks restoration of captioned Petition by condoning delay of 14 days caused in filing present Chamber Order.

I am satisfied with the reasons as stated above by the Petitioner. Hence, Chamber Order is considered favourably and I pass following order :

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..... Continued Prothonotary and Senior Master Date : 16th January, 2025 : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) O R D E R Delay of 14 days caused in filing present Chamber Order is condoned subject to payment of cost of Rs. 1,000/- to the Maharashtra State Legal Services Authority within two weeks from the date of uploading of order.

Petitioner to remove office objections on the Petition and get the same numbered and/or registered within four weeks from the date of payment of cost, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

In view of above, Chamber Order stands allowed. Date : 16.01.2025 Prothonotary & Senior Master M.N.

Kadam by M.N. Kadam Date: 2025.01.16 20:00:50 +0530