Airwide Car Rent Pvt. Ltd. v. The Union Of India And 2 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by SONALI MILIND PATIL Date:

2022.05.07 17:07:54 +0530 SONALI MILIND PATIL INTERIM APPLICATION NO. 265 OF 2021 IN WRIT PETITION (ST) NO. 1528 OF 2019 Airwide Car Rent Pvt. Ltd.

...Applicant

Versus

The Union of India & Ors.

...Respondents

Ms. Sumandevi Yadav for the Applicant.

Ms. Smita Thakur i/b Suresh Kumar for the Respondent Nos.1 to 3. CORAM : REVATI MOHITE DERE & MADHAV J. JAMDAR, JJ.

DATED : 4 th MAY 2022 P.C. :

1.

By this Interim Application, the Applicant seeks the following reliefs:- "(a) That this Hon'ble Court be pleased to set aside and quash the order dated 26th November 2019 passed by the Learned Prothonotary & Senior Master;

(a1) This Hon'ble High Court be pleased to condone 1/3

the 400 days delay in filing the Interim Application for Restoration.

(b) This Hon'ble Court be pleased to pass an order and restore the present Petition and permit the Petitioner to comply with the office objections within four weeks from the date of passing of the order or such time as this Hon'ble Court may deem fit;" 2.

It appears that as the petitioner/Advocate failed to remove office objections on or before 17th December 2019 as directed by the Prothonotary and Senior Master on 26th November 2019, the aforesaid petition was dismissed for non-removal of the office objections. 3.

The said application is opposed by the learned counsel for the respondents.

4.

For the reasons set out in the application, in particular, paragraph Nos. 4 to 14, the application is allowed and the order dated 26th November 2019 passed by the Prothonotary and Senior Master is quashed and set aside.

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5.

Delay in filing the aforesaid application is also condoned. Office objections be removed within eight weeks from today. The petition is restored to its original file, subject to petitioner depositing costs of Rs.10,000/- with the Bar Council of Maharashtra and Goa within four weeks from today.

6.

The Interim Application is disposed of on the aforesaid terms. 7.

All concerned to act on an authenticated copy of this order. MADHAV J. JAMDAR, J.

REVATI MOHITE DERE, J.

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