Simran Rajkumar Aidasani v. The Mumbai Municipal Corporation And ANR

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 13th March, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/41/2024 with WPL/9824/2020 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Ashis Pandey i/b. Vinod Pandey, Advocate for the applicant.

P.C. :

The present Chamber Order is taken out by the applicant for setting aside Order dated 24.01.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant tenders Affidavit of Service dated 06.03.2024, which is taken on record. It shows that packets sent to respondent no. 1 is returned with remark "Refused", which is a good service and packet sent to respondent no. 2 is returned with remark "Left". Despite service, none appeared for respondent no. 1.

Upon perusal of Chamber Order, it appears that respondent no. 1 is The Mumbai Municipal Corporation and respondent no. 2 is The Assistant Municipal Commissioner of responder no. 1. As office of respondent no. 2 viz. respondent no. 1, refused to accept service, which is termed as good service, and as none appeared for respondent no. 1, the present matter is taken up for hearing and final disposal.

Heard Ld. Advocate for the applicant. Perused Affidavit of the applicant. It is contended that in the captioned Petition, all office objections were removed, however, inadvertently, the captioned Petition remained to be numbered.

Ld. Advocate for the applicant submits that now, he will pursue with the petition diligently if it is restored to file.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 13th March, 2024 contd....

CHOL/41/2024 with WPL/9824/2020 ) ) ) ) ) ) ) ) ) ) ) ) ) Considering the reasons mentioned, on oath, by the applicant, I am of the opinion that one opportunity is required to be given to the applicant. Hence, the present Chamber Order is granted as prayed and signed separately.

By way of super last chance, the petitioner to remove office objections, if any, on the Petition and get the same registered and/or numbered within two 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 : 13.03.2024 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2024.03.14 10:46:00 +0530 RAJEEV VIJAY ACHARYA