1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi WRIT PETITION NO. 1928 OF 2010. Mahesh Nandlal Mirchandani. ..Petitioner. v/s. The State of Maharashtra & Ors. ..Respondents. .... Ms. Bobby Malhotra Paul, for Petitioner. Ms. Smita Gaidhani, AGP, for Respondents. Mr. B.M. Gore, Taxing Master, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 16TH SEPTEMBER 2010. P.C. The order impugned in this Petition by the Petitioner is passed by the Commissioner of Police, Thane. The Writ Petition is, therefore, wrongly filed on the Original Side of this Court and is required to be filed on the Appellate Side. Office to forthwith transfer the Petition to the Appellate Side of this Court. 2. It is repeatedly observed by this Court that whenever an Associate/Officer of this Court raises an objection to the effect that the proceedings are wrongly filed on the Original Side, instead of the Appellate Side of this Court or before the Single Judge instead of the Division Bench, the Advocate on record for the Plaintiffs/Petitioners instead of satisfying the Associate/Officer on the objection raised, only makes a statement that he shall satisfy the Court when the 2 matter is taken up for hearing. Such a response from the Advocate for the Plaintiffs/Petitioners is accepted as compliance of the objection raised and the proceedings are numbered. By accepting such an answer and not deciding the objection raised, the Associate/Officer is only avoiding his duty to give its final say on the objection raised. 3. Office is, therefore, directed that when proceedings come up before the Associate/Officer of this Court to remove the objections, the Associate/Officer shall take a decision whether the proceedings are required to be filed on the Original Side or the Appellate Side of this Court or before the Single Judge or the Division Bench, if necessary, by seeking assistance from the Head of the Suit/Writ Department. If the Advocate on record does not agree with the decision of the Associate or the Head of the Department, the matter should be placed before the Prothonotary and Senior Master for her decision thereon. If the Advocate on record also does not agree with the decision of the Prothonotary and Senior Master, the matter should be placed before the concerned Court for its decision. 4. A copy of this order be sent to the Prothonotary and Senior Master of this Court for compliance. [ S.J. KATHAWALLA, J. ]