Madhya Pradesh High Court
Akshay Academy College Of Nursingh Run ... vs The State Of Madhya Pradesh on 31 January, 2023
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
THE HIGH COURT OF MADHYA PRADESH
[COMMON CONDITIONAL ORDERS]
MATTERS NOTIFIED AT SERIAL Nos. 1001 to 1002 ON THE
BOARD DATED 31-01-2023
Indore, Dated:31/01/2023
The Court proposes to pass this common conditional order to obviate passing of
identical conditional order in these matters involving similar office objection/default.
In all these matters, due to non-removal of office objection within the prescribed
time as per the Rules, the concerned matter was placed before the Registrar in the first
instance. The Registrar granted sufficient time to the
petitioner(s)/applicant(s)/appellant(s) to cure the defect/office objection, however, due to
non-removal of office objection/default within the prescribed time, the concerned matter
was required to be once again listed before the Court. The Court granted further time, by
passing common order on the earlier occasion.
In spite of repeated opportunity (three times-one under Rules, second by the
Registrar and third by Court), the petitioner(s)/applicant(s)/appellant(s) has failed to cure
the office objection/default. As a result, by way of indulgence and last opportunity, in
terms of this order, SIX WEEKS' further time is granted to the petitioner(s)/
applicant(s)/appellant(s) in the respective matters to remove office objection/default and
make the matter ready for further hearing within that time, failing which the concerned
petition/ application/appeal shall stand dismissed for non-prosecution without further
reference to the Court.
Provided, however, in cases, where the objection/default is about non-service
of any of the respondent, on expiry of the extended period, the concerned matter will
stand dismissed for non-prosecution only against the unserved respondent(s), without further reference to the Court. The matter would then proceed against the remaining respondent(s).
In cases where the office objection/default has already been cured before passing of this order, it will be open to the concerned party to bring that fact to the notice of the Registrar (Judicial-II), who may examine the same and proceed with the matter as per the listing scheme, if ready for hearing.
If the office objections are removed within the time extended in terms of this order, the concerned matter(s) be made returnable on the date notified hereafter.
S. No. Cases as per cause list No. Returnable Date
1 1001 & 1002 20/03/23
(S.A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
PREETHA
Digitally signed by PREETHA NAIR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=5431da3716f911ecd1cb3fc6dc91ea2cacec60259cb241b 9ad42416f404bb303, NAIR pseudonym=BEA9A029360DBE02FDC86E8557A519B70B35E1A7, serialNumber=0EC5BE08895BA17A6074239F753A38DE8188C5E 65085178B87CD8C85BA5B87CC, cn=PREETHA NAIR Date: 2023.01.31 18:29:33 +05'30' pn