Pooja Rakesh Bhujbal v. Jt. Charity Commissioner Nashik And ORS
Digitally signed by MULEY SHUBHAM PRAVINRAO Date:
2025.05.06 17:55:40 +0530 MULEY SHUBHAM PRAVINRAO 1 16-IA-6921-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6921 OF 2025 (Application for restoration) INTERIM APPLICATION NO. 1897 OF 2025 IN CIVIL WRIT PETITION (ST) NO. 4906 OF 2022 Pooja Rakesh Bhujbal ....Applicant In the matter of:
Pooja Rakesh Bhujbal ....Petitioner Vs.
Jt. Charity Commissioner Nashik & Ors.
....Respondents ----------------- Mr. Abhijeet Dixit for the Applicant.
Ms. P. J. Gavhane, AGP for State.
----------------- CORAM : G. S. KULKARNI & ADVAIT M. SETHNA, JJ.
DATE : 28 APRIL 2025 P.C.:- 1.
The interim applications are filed in the writ petition under Article 226 of the Constitution of India.
2.
By an order dated 5 March 2024, the Registrar (Judicial-I) of the Court was pleased to grant two weeks time to the petitioner to remove the office objections, failing which appropriate orders would follow under Rule No.3 sub rule (iii) of Chapter XVII of the Bombay High Court Appellate Side Rules, 1960. 1/3
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Pursuant to the above as the petitioner failed to carry out the office objections pursuant to the order dated 5 March 2024 the Registrar (Judicial-I) passed another order dated 20 March 2024 granting another opportunity to the petitioner to remove the office objections within two weeks, failing which the petition would stand rejected without further reference to the Court. 4.
The petitioner could not comply with the above orders of the Registrar (Judicial-I) passed for non-removal of office objection to the petition, as a result of which, the petition stood dismissed. Aggrieved by such dismissal, the petitioner filed the Interim Application No.1897 of 2025 with a prayer to restore the petition to the file of this Court, which was dismissed for non-removal of office objections.
5.
The Interim Application No.1897 of 2025 was listed for hearing before the Court on 4 March 2025. However, as none appeared for the petitioner, the said interim application was dismissed for want of prosecution. 6.
Aggrieved by the above, the petitioner filed another Interim Application No.6921 of 2025 dated 11 March 2025 with a prayer to restore the Interim Application No.1897 of 2025 along with the Civil Writ Petition (St.) No.4906 of 2022 to the file of the Court.
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It is in the above backdrop that we have heard learned counsel for the parties and with their assistance perused the record. In our view, sufficient cause has been made out with adequate explanation to justify the restoration of the Interim Application No.1897 of 2025 and the petition, to the file of the Court. In our view the following order would serve the interest of justice:-
ORDER
i.
The order of this Court dated 4 March 2025 is hereby set aside. ii.
The Interim Application No.1897 of 2025 is restored to the file of the Court.
iii. The Civil Writ Petition (St.) No.4906 of 2022 is restored to the file of the Court.
iv.
The Interim Application No.6921 of 2025 is allowed in terms of prayer clause (a) and (b) and is accordingly disposed of, subject to costs of Rs.5,000/- to be deposited by the petitioner with Kirtikar Law Library (A.S.).
[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] 3/3