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Bombay High CourtCHOL/1470/2017disposed off

Maharashtra State Co.Op Hsg. Finance Corpn. Ltd v. Dadar Janata Sahakari Co.Op. Bank Ltd And 8 ORS. And B.S.Thakur - Applicant

2018-03-09Registrar(Os)/Prothonotary And Sr. Master1 pages

Before : Shri A. M. Chandekar Prothonotary & Senior Master Date : 09th March, 2018 FOR HEARING AND FINAL DISPOSAL (ORIGINAL SIDE MATTERS) : CHOL/1470/2017 NMSL/1922/2017 S/1982/1997 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Aneesh Deshpande I/b. Raghuraj Deshpande, Advocate for Applicant/ Original Defendant No. 2.

Ms. Sayali Gharpure I/b. M/s. Divekar and Company, Advocate for Respondents/Original Plaintiffs.

P.C. :

The present Chamber Order is taken out for restoration of Notice of Motion, dismissed by Order dated 31.10.2017 under the provision of O.S.Rule 986.

Perused Affidavit in Support. Heard ld.

Counsel Applicant. Affidavit in Support reveals that Ld. Advocate for Applicant instructed his registered clerk to remove office objections. But, due to bonafide mistake on the part of clerk of Advocate, captioned Notice of Motion was rejected.

Ld. Counsel for Respondents opposed instant Chamber Order. However no concrete ground to oppose instant Chamber Order is not made out.

Hence, contention raised in the Affidavit in Support by the Applicant, needs to be accepted. Accordingly, Chamber Order is granted as prayed and signed separately. Costs cost in cause.

Applicant and/or his Advocate to remove office objections on the Notice of Motion and get the same numbered and regd. on or before 23-03-2018, failing Notice of Motion to stand rejected for non-removal of office objections under O.S. Rule 986.

Date : 09.03.2018 Prothonotary & Senior Master