Disposed

M/S Mantech Counting and Systems LLP v. Maharashtra Industrial Development Corporation and Ors.

Bombay HC6 Sept 2024IA/8302/2024

Case brief

AI extract

What is this about?

Interim application sought condonation of delay of about one year and nine months in filing, and setting aside of the Registrar's order dismissing the writ petition for non-removal of office objections. The Court condoned the delay despite reservations about the explanation, subject to payment of Rs.50,000 costs to Tata Memorial Hospital.

What the court decided

AI extract

M/S Mantech Counting and Systems LLP vs… — Civil Procedure and Limitation | Bombay HC (2024)

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8-ASIA-8302-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 8302 OF 2024

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WRIT PETITION (L) NO. 95499 OF 2020

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M/s. Mantech Counting & Systems LLP …Applicant/ Original Petitioner

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Versus

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Maharashtra Industrial Development Corporation & Ors

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…Respondents

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Mr. E.A. Sasi, a/w Arnav Rane & Bijoy Chacko for the Applicant. Mr. A.I. Patel, Addl.GP, a/w K.S. Thorat B Panel, for Respondent No.4.

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None for Respondent No.1.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : DECEMBER 17, 2024

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PC :

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The above Interim Application is filed seeking a Condonation

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of Delay of approximately one year and nine months in filing the above Application and to set aside the order passed by the Registrar (JudicialI) dated 16^th June, 2022 under which the above Writ Petition was dismissed for non-removal of office objections.

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Page 1 of 3 December 17, 2024

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Ashwini Vallakati

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Digitally signed byASHWINI ASHWINIJANARDANVALLAKATI JANARDANVALLAKATIDate: 2024.12.18 12:02:30 +0530

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8-ASIA-8302-2024.doc

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The learned AGP appears on behalf of the State of Maharashtra (Respondent No.4). As far as Respondent Nos.1 to 3 are concerned, we find that they have been duly served by private notice (as directed by our order dated 19^th November, 2024) and an affidavit of service (dated 9^th December, 2024) to that effect is also filed. Despite service, none have appeared on behalf of Respondent Nos.1 to 3.

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We have gone through the above Interim Application. Though we are not fully satisfied with the explanation given for the delay, in order to ensure that the Applicant/original Petitioner is not denied an opportunity of redressing their grievances on merits, we condone the delay and set aside the order passed by the Registrar (Judicial-I) dated 16^th June, 2022 subject to the condition that the Applicant/original Petitioner pay cost of Rs.50,000/- to the Tata Memorial Hospital and Research Centre, Mumbai, within a period of two weeks from today and the receipt evidencing the payment of cost is submitted to the Registry of this Court which shall be kept in the file of the above matter.

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Once the costs are paid, the above Writ Petition shall be restored to the file and the office objections if any, shall also be removed by the Applicant/original Petitioner within a period of two weeks

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Page 2 of 3 December 17, 2024

Ashwini Vallakati

8-ASIA-8302-2024.doc

thereafter.

It is made clear that if the costs are not paid as stipulated in this order, the above Interim Application shall automatically stands dismissed without further reference to the Court.

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The Interim Application is disposed of in the aforesaid terms.

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This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[ SOMASEKHAR SUNDARESAN, J.]

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[ B. P. COLABAWALLA, J.]

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Page 3 of 3 December 17, 2024

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Ashwini Vallakati

M/S Mantech Counting and Systems LLP v. Maharashtra Industrial Development Corporation and Ors.

Case brief

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M/S Mantech Counting and Systems LLP v. Maharashtra Industrial Development Corporation and Ors.

Case brief

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