Bombay High CourtCHOL/37/2024disposed off

Suraj Sharan Pardeshi v. Municipal Corporation Of Gr. Mumbai And 2 ORS.

2024-03-19Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 19th March, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/37/2024 in SL/12221/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Vikas Kumbhar i/b. P. V. Nichani and Company, Advocate for the applicant.

P.C. :

The present Chamber Order is taken out for setting aside Order dated 11.07.2023, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant tenders Affidavit of Service, showing service of Chamber Order upon the respondents, which is taken on file. Despite service, none appeared for the respondents.

Ld. Advocate for the applicant made a statement that valuation of the captioned Suit is more than Rs. 10 crores and therefore, the present Chamber Order is maintainable before this Authority. Statement is accepted.

Heard ld. Advocate for the applicant. Perused Affidavit of the applicant. It is contended that the Ld. Advocate was not aware about passing of Conditional Order dated 11.07.2023 in the captioned suit, however, clerk of Ld. Advocate informed that office objections were complied with. Today, ld. Advocate for the applicant submits that now, he will pursue with the captioned suit diligently if it is restored to file. In the present matter, since none appeared for the respondents, contention raised in the Affidavit remains uncontested. Therefore, in the interest of justice, I am of the view that one opportunity is required to be given to the applicant to pursue with the captioned Suit.

Hence, the present Chamber Order is granted as prayed and signed separately.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 19th March, 2024 ) ) ) ) ) contd....

CHOL/37/2024 in SL/12221/2021 The plaintiff to remove office objections on the Suit and get the same registered/numbered within two weeks from the date of uploading of Order, failing the Suit to stand rejected for non-compliance of O.S.Rule 986.

Date : 19.03.2024 Prothonotary and Senior Master