Bombay High CourtCHOL/155/2024disposed off

Akash Raghunath Jadhav v. Sudhakar Kushaba Gode And 21 ORS.

2024-06-26Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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

14. CHOL/155/2024 IN WP(L)/474/2023 ) ) ) Mr. Suresh Sabrad, Advocate for Petitioner / Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out by the Petitioner / Applicant for setting aside Order dated 14.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Affidavit of Service dated 23.04.2024 proving service of present Chamber Order upon all Respondents is already on file. Despite service, none appeared for the Respondents.

Heard Ld. Advocate for the Petitioner / Applicant. Perused Affidavit-in-Support of the present Chamber Order. It is contended therein that the present Writ Petition was listed before the Hon'ble Court on several occasions. When the matter was listed 19.06.2023 before the Hon'ble Court, Ld. Counsel for Petitioner sought time to file Rejoinder. It is further contended that the said Affidavit in Rejoinder was affirmed on 13.03.2024 and at the time of filing the same, the registered Clerk of the Ld. Advocate became aware about the conditional Order dated 14.03.2024. Hence, Ld. Advocate for Petitioner / Applicant prayed for setting aside conditional order dated 14.03.2024 as great prejudice will be caused to the Respondents, if the present Chamber Order is not allowed.

Upon hearing submissions of Ld.

Advocate for Petitioner / Applicant and considering .... 2

Prothonotary and Senior Master Date : 26th June, 2024 .... Continued CHOL/155/2024 IN WP(L)/474/2023 : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) grounds raised in the Affidavit, I am inclined to consider the present Chamber Order favourably since it is desirable that substantial justice cannot be denied on technical grounds. Moreover, the Applicant deserves an opportunity to proceed in the matter as it was already being heard before the Hon'ble Court. Hence, the present Chamber Order is allowed, as prayed and signed separately.

The Petitioner to remove office objections on the Petition and get the same numbered and/or registered within two weeks from the date of uploading of the order, failing the Petition to stand rejected for non-removal of office objections under O.S.Rule 986.

Date : 26.06.2024 Prothonotary & Senior Master