Bombay High CourtCHOL/34/2024disposed off

Randhir Prafulla Sontakke And ANR. v. Municipal Corporation Of Gr. Mumbai And 3 ORS.

2024-03-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 06th March, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/34/2024 in WPL/858/2020 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Vandana Bait i/b. Amey Deshpande, Advocate for the applicants.

None present for the respondents.

P.C. :

The present Chamber Order is taken out by the applicants for setting aside Order dated 17.01.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicants tenders Affidavit of Service dated 26.02.2024, showing service of Chamber Order upon the respondents, which is taken on record.

Despite service, none appeared for the respondents.

Perused Chamber Order, Affidavit in Support to the Chamber Order and true copy of Order dated 17.01.2024. Heard ld. Advocate for the petitioners/applicants. Only reason, which I could find in Affidavit in Support to the Chamber Order on which the applicants seek restoration of the captioned Petition is, after lifting of lock-down, through oversight of the Advocate matter got dismissed for nonremoval of office objections and thus, applicants contend that due to failure on the part of Advocate, they should not be suffered. It appears that while passing Order dated 17.01.2024, ld. Advocate, who represented petitioners/applicants in the captioned petition, did appear before me and after hearing the ld. Advocate, Minutes of Order dated 17.01.2024 came to be passed, by which captioned Petition got rejected under O.S.Rule 986 for non-compliance of office objections.

As the applicants stated on oath that through

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 06th March, 2024 contd....

CHOL/34/2024 in WPL/858/2020 ) ) ) ) ) ) ) ) ) ) ) ) oversight of the ld. Advocate, the captioned Petition got dismissed, and considering further contentions of the applicants, as raised in the Affidavit, the present Chamber Order is granted as prayed and signed separately.

The petitioners to remove office objections on the Petition and get the same registered and/or numbered within a week from the date of uploading of order, failing petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 06.03.2024 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2024.03.07 14:30:58 +0530 RAJEEV VIJAY ACHARYA