Bombay High CourtCHOL/191/2024disposed off

The Bombay Diocesan Trust Association Pvt Ltd v. Union Of India And 4 ORS

2024-06-20Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 20th June, 2024 FOR HEARING AND FINAL DISPOSAL :

13. CHOL/191/2024 IN WP(L)/7389/2021 ) ) ) Mr. Daljeet Singh Bhatia, Advocate for Petitioner Mr. Ajinkya Jaibhave a/w. Mr. Ashutosh Misra, Advocate for Respondent Nos. 1 and 2 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out by the Petitioner / Applicant for setting aside Order dated 20.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Ld. Advocate for the applicant tenders Affidavit of Service dated 20.06.2024, which is taken on record. Despite service, none appeared for the respondents, save and except, Respondent Nos. 1 and 2.

Perused Chamber Order and Affidavit in Support of the Chamber Order. It is contended therein that on 20.02.2024 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 as well as his Clerk in following up in the department. Hence, he prayed for setting aside conditional order dated 20.02.2024 and for restoration of the captioned Petition.

Ld. Advocate for Respondent Nos. 1 and 2 submits that suitable order may be passed in the present Chamber Order.

Upon hearing submissions of Ld.

Advocate for Petitioner and considering grounds .... 2

.... Continued CHOL/191/2024 IN WP(L)/7389/2021 Prothonotary and Senior Master Date : 20th June, 2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 removed due to inadvertence/mistake on the part of Advocate. 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 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 : 20.06.2024 Prothonotary & Senior Master