Bombay High CourtCHOL/566/2024disposed off

Jay Bharat Construction v. The State Of Maharashtra

2025-02-14Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 14th February, 2025 FOR HEARING AND FINAL DISPOSAL :

14. CHOL/566/2024 IN WP(L)/812/2021 ) ) ) ) ) Mr. Raj Chourasia a/w. Vedashree Phadke i/b. Mr. Pranil Sonawane, Advocate for Applicant Ms. Manisha Gawde, AGP for Respondent No. 1 to 4 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present e-filed Chamber Order is taken out by the Applicant for setting aside Order dated 31.01.2024 rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections. Perused Additional Affidavit in support of Chamber Order. It is contended therein that immediately after the conditional order dated 31.01.2024 was passed, Ld. Advocate forwarded documents for translation, however, work of translation could not be completed within time and the Petition got rejected. Thereafter, Chamber Order (L) No.

5479 of 2024 came to be filed but due to ill health of Clerk, compliance of Order dated 25.07.2024 passed in Chamber Order (L) 5479 of 2024 could not be completed. Ld. Advocate therefore, prays that present Chamber Oder may be allowed by condoning delay of 17 days. Affidavit of Service showing service of Chamber Order is already e-filed. Accordingly, today AGP for Respondent Nos. 1 to 4 is present and submits that appropriate order may be passed.

Considering reasons, as above, it transpires that the Applicant had made attempts to remove office objections and he is in process of removing office objections. Therefore, in my opinion, an opportunity is required to be given to the Applicant to pursue .... 2

.... Continued CHOL/566/2024 IN WP(L)/812/2021 Prothonotary and Senior Master Date : 14th February, 2025 : 2 :

with the captioned Petition.

) ) ) ) ) ) ) ) ) ) ) ) In view thereof, delay of 17 days, caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed.

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 nonremoval of office objections under O.S.Rule 986. Date : 14.02.2025 Prothonotary & Senior Master by M.N. Kadam Date:

2025.02.15 12:54:07 +0530 M.N.

Kadam