Anuradha Venkatesh Pai And 4 ORS. v. The Municipal Corporation Of Greater Mumbai And 2 ORS.

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 26th February, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/51/2024 in WPL/4062/2020 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Anjali Purav, 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 made a statement that the respondents are served with the Chamber Order and submits that she will file Affidavit of Service with the department. Statement is accepted.

Heard ld. Advocate for the applicants. Perused Affidavit of the applicant. It is contended that in the present Petition, office objections were raised in the year 2022 and one of the office objections was with regard to English translation of 11 exhibits. It is further contended that translation copies of the exhibits and other documents were handed over to Assistant Advocate for its compliance, however, said Assistant Advocate left the office without handing over the documents due to which office objections could not be complied with, within given time. Ld. Advocate appearing for the applicants submits that grave prejudice will be caused to the applicants if Petition is not restored to file. Ld. Advocate further submits that now, she will pursue with the Petition diligently if it is restored to file.

In the present matter, despite service, none appeared for and on behalf of the respondents. Therefore, there is no resistance to the contentions raised by the applicants in the

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 26th February, 2024 contd....

CHOL/51/2024 in WPL/4062/2020 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Affidavit. Considering the grounds mentioned in the Affidavit, I am of the view that one opportunity is required to be granted to the applicants, so that, they can pursue the captioned Petition diligently. On the other hand, no prejudice will be caused to the respondents since they can contest the captioned petition on merits once it is restored to file. Hence, the present Chamber Order is granted as prayed and signed separately.

By way of last chance, the petitioners to remove office objections 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 : 26.02.2024 Prothonotary and Senior Master by RAJEEV VIJAY ACHARYA Date:

2024.02.27 12:41:40 +0530 RAJEEV VIJAY ACHARYA