Sairani Mani v. Dy Inspector General Of Registration And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.872 OF 2025 IN WRIT PETITION (ST) NO. 25710 OF 2024 Mrs. Sairani Mani ...Applicant In the matter between Mrs. Sairani Mani

...Petitioner

Versus

Dy. Inspector General of Registration and Ors.

...Respondents

__________ Mr. Nirav Parmar i/b. Indus Law, for the Applicant. Ms. Tejas Kapre, AGP Respondent - State.

__________ PALLAVI MAHENDRA WARGAONKAR CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

PALLAVI MAHENDRA WARGAONKAR Date: 2025.02.10 20:40:14 +0530 DATE :

3 FEBRUARY 2025 P.C. (Per Advait M. Sethna, J.) :

1.

This is an interim application filed by the petitioner/applicant praying for the following substantive reliefs in the said interim application which read :- "(a) restore Writ Petition (St) No.25710 of 2024.

(b) grant the Petitioner two week's time to comply with the order dated 25 October 2024 passed by the Hon'ble Registrar (Judicial-I) to remove the office objections in the petition; and" 2.

We have heard Mr. Nirav Parmar, learned counsel for the applicant and Ms. Tejas Kapre, learned AGP for the State. The applicant in the said interim application is primarily aggrieved by an order dated 25 October 2024 passed by the Registrar (Judicial-I) of this Court ("Impugned Order"

for short). For the reasons set out in the impugned order, the writ petition of the petitioner/applicant was dismissed for non-removal of office objections under Rule 3 of Chapter XVII of the Bombay High Court Appellate Side Rules, 1960 which ordinarily prescribes for a period of 14 days for removal of such objections. As the petitioner/applicant failed to comply with removal of such office objections within the stipulated period the registration of the petition was rejected by the impugned order. 3.

We have perused the averments made in the interim application. On a careful perusal thereof, we find that a case is made out by the applicant in regard to the reasons to justify such non-removal of office objections within the stipulated time period. In this regard, averments made in paragraphs 6, 7 and 8 of the interim application are duly noted, which in our view, sufficiently justify restoration of the petition. 4.

No opposition to this interim application is placed on record though served.

5.

In light of the above, we pass the following order which in our view will cause no prejudice to the respondents and would serve the ends of justice.

ORDER

(i) Writ Petition (St) No.25710 of 2024 shall be restored to the file of this Court, subject to the petitioner complying with and/or removing such office objections within a

period of two weeks from the date this order is available, only after which the petition shall be numbered by the Registry of this Court.

(iii) It is made clear that in the event the office objections are not removed within the above time frame of two weeks, the petition shall be dismissed without further reference to the Court.

(iv) Interim application is disposed of in the above terms. No costs.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.]