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Bombay High CourtCHOL/349/2025disposed off

Joyce Roger Dabreo v. Deputy Director Of Education And ORS

2025-08-13Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 13th August, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/349/2025 in WPL/16076/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Ashley Cusher, Advocate for the applicant. Ms. Manisha Gawde, A.G.P for respondent nos. 1, 2 and 5.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 17.04.2025, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant submits that respondent nos. 2 to 5 were served with the Chamber Order, however, respondent no. 1 could not be served as packet returned with endorsement 'Left' as per Affidavit of Service filed on 21.07.2025.

As respondent no. 1 is represented by Ld. A.G.P, request of the applicant is considered and matter is taken up for hearing.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that Advocate on record did not pursue with the matter, therefore, the applicant engaged Advocate through High Court Legal Aid Services. Ld.

Advocate submits that he will pursue with the captioned Petition diligently and prays for restoration of the same by condoning delay of 8 days caused in filing present Chamber Order since it was unintentional.

Ld. A.G.P for respondent nos. 1, 2 and 5 submits for passing suitable orders.

Grounds mentioned in the Affidavit appear to be bonafide and substantial justice cannot be denied on technical ground. Hence, the delay

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 13th August, 2025 contd....

CHOL/349/2025 in WPL/16076/2023 ) ) ) ) ) ) ) ) ) ) ) of 8 days caused in filing present Chamber Order is condoned and present Chamber Order is considered favourably. Accordingly, the present Chamber Order is granted as prayed and signed separately.

The petitioner to remove office objections on Petition and get the same registered and/or numbered within three weeks from the date of uploading of order, failing Petition to stand rejected for non-compliance of O.S.Rule 986.

Date : 13.08.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.08.14 13:59:00 +0530 RAJEEV VIJAY ACHARYA