Rakesh Biyani v. Kishore Biyani And 3 ORS.

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

CHOL/109/2024 in WPL/39029/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Krishna Baruah i/b. Link Legal, Advocate for the applicant.

Ms. Dhwani Shah i/b. BLAC Co., Advocate for respondent no. 1 - RBI.

Ms. Saloni Shah i/b. Saraf and Partners, Advocate for respondent nos. 2 and 3.

P.C. :

The present Chamber Order is taken out for setting aside Order dated 14.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Heard ld. Advocate for the applicant. Perused Affidavit of the applicant. It is contended that all office objections were complied with, save and except, one office objection, which was remained to be complied with in time through oversight. Ld. Advocate submits that he will remove said office objection if captioned Petition is restored to file.

Ld. Advocate for respondent no. 1 objects present Chamber Order formally and submits for passing suitable orders.

Ld. Advocate for respondent no. 2 and 3 objects present Chamber Order strongly on the ground that despite granting sufficient opportunities, the applicant failed to comply with office objections and prayed for imposing cost, payable to these respondents, if captioned petition is restored to file.

It appears that the applicant had taken efforts to comply office objections since only one office objection was remained to be complied with. Moreover, Ld. Advocate is ready to remove office objection, as submitted above, if

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

CHOL/109/2024 in WPL/39029/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) captioned Petition is restored to file. Hence, in the interest of justice and by way of a final opportunity, the present Chamber Order is granted as prayed and signed separately. In the peculiar facts and circumstances of the case, no order as to costs.

The petitioner to remove office objection on the Petition and get the same registered/numbered within two weeks from the date of uploading of Order, failing the Petition to stand rejected for non-compliance of O.S.Rule 986.

Date : 19.03.2024 Prothonotary and Senior Master by RAJEEV VIJAY ACHARYA Date:

2024.03.20 17:30:41 +0530 RAJEEV VIJAY ACHARYA