Anthony Josph Pattathu v. Rajesh R Kanojia And 2 ORS

P3-CHSL716-17+.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS (L) NO.716 OF 2017 IN CHAMBER ORDER (L) NO.496 OF 2017 IN SUIT (L) NO.1007 OF 2016 Rajesh R Kanojia ...Applicant In the matter between Anthony Joseph Pattathu ...Plaintiff

Versus

Rajeshkumar Ramharak Kanojia & Ors ...Defendant Mr Nitesh Acharya, for the Applicant.

CORAM: G.S. PATEL, J DATED:

5th May 2017 PC:- 1.

Not on board. Mentioned. Taken on board.

2.

The Prothonotary and Senior Master restored the Suit. This Chamber Summons seeks to set aside that order on the ground that the Prothonotary and Senior Master did not give reasons for the 4th May 2017

P3-CHSL716-17+.DOC restoration. The Suit was dismissed for non removal of office objections.

3.

The Chamber Summons is misconceived and misdirected. To err is human. Forgiveness may be the province of the Divine, but restoration is certainly within the remit of the registry. For restoration of a case dismissed for non-removal of office objections, the reason suggests itself. It need not be stated. 4.

With his usual fairness, Mr Acharya accepts this and seeks leave to withdraw the Chamber Summons. The Chamber Summons is dismissed as withdrawn.

(G. S. PATEL, J.) 4th May 2017