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Bombay High CourtCHOL/588/2024disposed off

Prakash Dnyandeo Rane v. State Of Maharashtra Through Government Pleader Original Side

2025-05-07Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 7th May, 2025 FOR HEARING AND FINAL DISPOSAL :

20. CHOL/588/2024 WP(L)/18505/2023 ) ) ) ) ) ) ) Ms. Lubdha Bhoir i/b. Mr. Rajesh Khobragade, Advocate for Applicant Ms. Manisha Gawade, AGP for Respondent No. 1 (State of Maharashtra) Ms. Sanika Wabale i/b. M/s. Mannadiar & Co., Advocate for Respondent No. 3 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is filed 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.

Affidavit of Service showing service of Chamber Order upon Respondent is already filed on record. Heard Ld. Advocate for the Applicant. Affidavit in support of the Chamber Order is already filed on record, contents of which are self explanatory. It is contended therein that compliance praecipe could not be filed within stipulated time. Hence, the present Petition got rejected.

Perused Additional Affidavit in support of Chamber Order. It is contended therein that Applicants are senior citizens and Applicant No. 1 is not keeping well. Due to the aforesaid reasons, the Applicant has prayed for restoration of the Petition by condoning delay of 210 days.

Ld. Advocate for the Applicant made a statement that all office objections are complied and only Compliance Praecipe is remaining to be filed. Statement is accepted.

Affidavit of Respondent No. 3 opposing the Chamber Order is already filed on record, contents of which are self explanatory.

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..... Continued Prothonotary and Senior Master Date : 7th May, 2025 : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ld. Advocate for the Respondent No. 3 submits that suitable order may be passed.

Reasons mentioned in Affidavit appear to be genuine. Also, Applicant has removed all office objections except filing of Compliance Praecipe. The Applicant has made out case for restoration of captioned Petition. 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 one week from the date of uploading of order, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 07.05.2025 Prothonotary & Senior Master by M.N. Kadam Date:

2025.05.07 16:19:17 +0530 M.N.

Kadam