Bombay High CourtCHOL/119/2024disposed off

Shivshankar Builders And Developers v. The State Of Maharashtra And 10 ORS.

2024-04-15Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 15th April, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/119/2024 in WPL/15062/2021 ) ) ) ) Mr. Venkatesh Shinde, Advocate for the applicant. Ms. Drishti Bhindora i/b. Manilal Kher Ambalal and Company, Advocate for respondent nos. 6 to 11. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out by the applicant for setting aside Order dated 20.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant tenders Affidavit of Service dated 12.04.2024, showing service of Chamber Order upon respondent nos. 4, 10 and 11, which is taken on record. Despite service, none appeared for the respondents, save and except, respondent nos. 6 to 11.

Heard ld. Advocate for the applicant. Perused Affidavit of the Applicant. It is contended that erstwhile Advocate was unable to remove office objections because of which the applicant has taken discharged against said Advocate and then on 06.03.2024, appointed new Advocate in the captioned Petition. It is further contended that delay caused in removing office objections was not deliberate since the applicant was not aware about office objections. Ld. Advocate appearing for the applicant submits that he will pursue with the captioned Petition diligently if it is restored to file. Ld. Advocate appearing for respondent nos. 6 to 11 submitted for passing suitable orders.

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2 Prothonotary and Senior Master Contd....

CHOL/119/2024 in WPL/15062/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Date : 15th April, 2024 Considering grounds raised on oath by the applicant, and submission of Ld. Advocate appearing for the applicant, as above, I am of the view that one opportunity is required to be given to the applicant so that substantial justice can be taken care of. Hence, the present chamber order is granted as prayed and signed separately.

The petitioner 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 : 15.04.2024 Prothonotary & Senior Master