Allowed¶21

The Maharashtra State Sahakari Bank Ltd., Thr. Jt. Manager, Subhash P. Tejankar, Nagpur v. Dalpat Kisan Chawhan and Others

Bombay HC10 Jul 2025CAO/613/2025

Case brief

AI extract

What is this about?

Condonation of delay; restoration of writ petition; dismissal for non-removal of office objection set aside; notice to respondents dispensed with; office objections to be removed within two weeks; Maharashtra State Sahakari Bank Ltd. v. Dalpat Kisan Chawhan; Nagpur Bench, High Court of Bombay; short procedural order.

What did the court decide?

Delay in preferring the restoration application condoned; application for restoration ordered to be registered; dismissal of Writ Petition Stamp No.23973 of 2024 for non-removal of office objection set aside; notice to respondents dispensed with; petitioner to remove office objections within two weeks, failing which the petition shall stand dismissed without further reference to the Court. ¶21

The Maharashtra State Sahakari Bank Ltd., Thr. Jt. Manager, Subhash P. Tejankar, Nagpur Vs Dalpat Kisan Chawhan and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether notice of the application(s) to the respondents should be dispensed with, given that no notice was issued or served in the original proceeding. +2 more

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Court's answer

Notice of the Civil Application to the respondents stands dispensed with, since the petition was dismissed for non-removal of office objection and no notice was issued to the respondents in the original proceeding.

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Ratio / Principle

In Writ Petition Stamp No.23973 of 2024, notice to the respondents is dispensed with as respondents were not served in the present proceeding.

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Key takeaways

The delay caused in preferring the application is condoned for the reasons mentioned in the application.ratio¶15
The application for restoration is to be registered.ratio¶18
The impugned order of dismissal of the petition for non-removal of office objection stands set aside in the interest of justice.ratio¶21

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (R. M. Joshi, J.; 10 July 2025), in Civil Application (O) No.613 of 2025 in Misc. Civil Application Stamp No.12834 of 2025 in Writ Petition Stamp No.23973 of 2024 (D) — The Maharashtra State Sahakari Bank Ltd. v. Dalpat Kisan Chawhan and others: Delay in preferring the restoration application condoned and the restoration application directed to be registered. The earlier dismissal of the writ petition for non-removal of office objections was set aside in the interest of justice. Notice to the respondents was dispensed with, both on the civil application and in the writ petition, as no notice had been issued or served in the original proceeding. Counsel for the petitioner undertook to remove office objections within two weeks, failing which the petition was directed to stand dismissed without further reference to the Court.

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cao613.25.O.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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CIVIL APPLICATION (O) NO.613 OF 2025 IN

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MISC. CIVIL APPLICATION STAMP NO.12834 OF 2025 IN

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WRIT PETITION STAMP NO.23973 OF 2024 (D)

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(The Maharashtra State Sahakari Bank Ltd., Mumbai, Branch at Mahal, Nagpur thr. its Joint Manager, Subhash P. Tejankar Vs. Dalpat Kisan Chawhan and others)

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Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions and Registrar’s Orders.

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Court's or Judge's orders.

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Mr. Mohd. Ateeque, Advocate for Petitioner.

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CORAM: R. M. JOSHI, J. DATE: 10th JULY, 2025.

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Learned Counsel for the petitioner submits that the original Writ Petition Stamp No.23973/2024 came to be dismissed for non removal of office objection. He further submits that in the original petition no notice was given to the respondents hence notice of this application be dispensed with.

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Since the petition is dismissed for non removal of office objection and as no notice was issued to the respondents in the original proceeding, the notice of this application to the respondents stands dispensed with.

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CIVIL APPLICATION (O) NO.613 OF 2025 :

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For the reasons mentioned in the application, the delay caused in preferring application is condoned.

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cao613.25.O.odt

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¶18

The application for restoration be registered.

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WRIT PETITION STAMP NO.23973 OF 2024 :

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Since respondents were not served in the present proceeding, the notice to the respondents are dispensed with.

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The application for condonation of delay is already allowed. In the interest of justice impugned order of dismissal of the petition for non removal of office stands set aside.

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Counsel for the petitioner undertakes to remove office objections within a period of two weeks.

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If office objections are not removed within this period of two weeks, the petition shall stand dismissed without further reference to the Court.

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(R. M. JOSHI, J.)

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NSN

The Maharashtra State Sahakari Bank Ltd., Thr. Jt. Manager, Subhash P. Tejankar, Nagpur v. Dalpat Kisan Chawhan and Others

Case brief

What is this about?

What did the court decide?

The Maharashtra State Sahakari Bank Ltd., Thr. Jt. Manager, Subhash P. Tejankar, Nagpur v. Dalpat Kisan Chawhan and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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