Bombay High CourtCHOL/33/2024disposed off

Nutan Talakshi Gogari v. Bharti Kantilal Gangar (Deceased)

2024-06-18Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 18th June, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/33/2024 in TPL/31084/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Tabassum Khan i/b. Ramji Gupta, Advocate for the applicant.

P.C. :

The present Chamber Order is taken out by the applicant for setting aside Order dated 20.07.2023, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Ld. Advocate for the applicant tenders Additional Affidavit in Support to the Chamber Order, which is taken on record.

Heard ld. Advocate for the applicant. Perused Affidavit in Support and Additional Affidavit in Support to the Chamber Order. It is contended that due to personal difficulty and ill-health of Advocate on record, and further, since the applicant could not arrange court fees in time, office objections could not be complied with, within stipulated period. It is contended in Additional Affidavit in Support that the applicant came to know about rejection of Petition in the month of October 2023, however, since ld. Advocate was suffering from back pain and spondylitis, considerable delay is caused in filing present Chamber Order, which may be condoned. Ld.

Advocate for the applicant submits that as on date, captioned petition is uncontested and now, she will pursue with the captioned petition diligently if it is restored to file. Considering reasons mentioned in Affidavit in Support / Additional Affidavit in Support to the Chamber Order and submission of Ld. Advocate for the applicant, delay caused in filing Chamber Order is condoned and the present Chamber Order is granted as prayed.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 18th June, 2024 contd....

CHOL/33/2024 in TPL/31084/2021 ) ) ) ) ) ) The petitioner to remove office objections on the Petition and get the same registered and/or numbered within four weeks from the date of uploading of order, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 18.06.2024 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2024.06.19 11:00:24 +0530 RAJEEV VIJAY ACHARYA