Bombay High CourtCHOL/176/2024disposed off

Spacetech Equipments And Structurals Pvt Ltd v. Indian Oil Corporation Limited

2024-06-21Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 21st June, 2024 FOR HEARING AND FINAL DISPOSAL :

14. CHOL/176/2024 in ARBP(L)/26023/2022 ) ) ) Mr. Nishant Chothani i/b. Mr. Atishay Jain, Advocate for Applicant / Petitioner ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present e-filed Chamber Order is taken out by the Applicant / Petitioner for setting aside Order dated 13.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Perused E-filed Affidavit of Service dated 08.06.2024. Despite service, today none appeared on behalf of the respondents.

Perused e-filed Chamber Order and Affidavit in Support of the Chamber Order. It is contended therein that on 13.02.2024 when the matter was listed for Rejection under O.S. Rule 986, Advocate could not remain present before this Authority and also office objections could not be removed in time. Delay in removing office objections occurred due to inadvertence and oversight on the part of the Advocate. Hence, he prayed for setting aside conditional order dated 13.02.2024 and for restoration of the captioned Petition.

Upon hearing submissions of Ld.

Advocate for Petitioner and considering grounds raised in the Affidavit, I am of the view that the Applicant should get one opportunity to pursue with the captioned Petition diligently since Ld. Advocate for the Applicant with all fairness submitted that office objections could not be .... 2

.... Continued CHOL/176/2024 in ARBP(L)/26023/2022 Prothonotary and Senior Master Date : 21st June, 2024 : 2 :

) ) ) ) ) ) ) ) ) ) ) removed due to inadvertence/mistake on the part of Advocate. Hence, the present e-filed Chamber Order is granted as prayed.

The Petitioner to remove office objections on the Petition and get the same numbered and/or registered within four 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 : 21.06.2024 Prothonotary & Senior Master