Bombay High Court
PARMANAND K. MHATRE AND 10 ORSversusSTATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY, AND ORS
- Decided
- Disposal
- DISPOSED OFF
Holding
The chamber order set aside the earlier dismissal, condoned the delay, and conditioned admission of the petition on removal of office objections and payment of costs.
Summary
Parmanand K. Mhatre & Ors filed a writ petition (L) No. 30673 of 2021 before the Bombay High Court. The Prothonary and Senior Master had dismissed the petition on the ground that the petitioners had not removed the office objections. The petitioners moved the court seeking to set aside that order, arguing that the delay in filing the chamber order should be condoned in the interest of substantive justice. Justice N. J. Jamadar, after hearing counsel, condoned the delay and set aside the order of 04/02/2026. The court directed the petitioners to remove the office objections and to pay costs of Rs.10,000 each to Respondents No. 4 and No. 14 within three weeks. If the conditions are complied with, the petition will be listed as a fresh matter; otherwise the petition will stand dismissed without further reference.
Issues considered
- Whether the order dismissing the writ petition for non‑removal of office objections can be set aside
- Whether the delay in filing the chamber order can be condoned
Subjects
- writ petition
- office objections
- condonation of delay
- chamber order
- civil procedure
Judgment
6.CHOL.55.2026.doc
ANANT
KRISHNA
NAIK IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by ANANT
KRISHNA NAIK ORDINARY ORIGINAL CIVIL JURISDICTION
Date: 2026.09.09
19:25:38 +0530
CHAMBER ORDER NO. 55 OF 2026
IN
WRIT PETITION (L) NO. 30673 OF 2021
Parmanand K. Mhatre & Ors ...Applicants/Petitioners
Versus
State of Maharashtra & Ors ...Respondents
Mr. Chirag Sarawagi i/b. Ms Rukmini A. Thokar for the Applicant/Petitioners
Smt. Fatima Lakdwala, AGP for the Respondent-State.
Mr. Jagdish G. Aradwad (Reddy) a/w. Ms. Ashwini Jadhav for Respondent No. 2-
AGRC
Mr. Chirag Kamdar a/w. Ms Disha Shetty i/b. Wadia Ghandy & Co. for the
Respondent No. 14
Ms. Seema Singh for the Respondent No. 4
CORAM : N. J. JAMADAR, J.
DATE : 8th SEPTEMBER, 2026
P.C.
1. Heard learned Counsel for the parties.
2. This Chamber Order is taken out seeking setting aside of the order dated
04/02/2026 passed by the Prothonoary and Senior Master thereby rejecting the
Petition for non-removal of office objections.
3. For the reasons assigned in the Petition and to advance the cause of substantive
justice, the delay in taking out the Chamber Order stands condoned and the order
dated 04/02/2026 dismissing the Petition for non-removal of office objects stands set
Akn 1
6.CHOL.55.2026.doc
aside, subject to the Petitioners removing office objections and paying costs of
Rs.10,000/- each to the Respondent Nos. 4 and 14, within a period of three weeks.
4. In the event, the office objections are removed, the Petition be listed for
admission as a fresh matter. In case the office objections are not removed and costs
are not paid within the said period, this order shall stand recalled and the Petition
dismissed without further reference to the Court.
( N. J. JAMADAR, J. )
Akn 2
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