Bharat Reality Venture Private Limited v. Highcourt Of Judicature At Bombay Th. The Registrar General 2 ORS

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 11th July, 2024 FOR HEARING AND FINAL DISPOSAL :

23. CHOL/195/2024 IN WP(L)/9735/2023 ) ) ) ) ) ) ) Ms. Prachi Khandge a/w. Ms. Swati Chheda i/b. M/s. M.P. Vashi & Associates, Advocate for Petitioner / Applicant Mr. Sanath Bhojane i/b. Iyer Shivkumar Ganesh, 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 14.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Perused Chamber Order and Affidavit in Support of the Chamber Order filed by Mr. Atul Barot, Director of Petitioner's Company. It is contended therein that office objections could not be removed on time due to medical condition of Mr. Charkari, Registered Clerk of Ld. Advocate. However, subsequently, said clerk tried to remove office objections, but office did not accept lapse of time which was granted to remove office objections vide order dated 14.02.2024.

Perused Affidavit in Support of Chamber Order filed by Mr. Charkari, Registered Clerk of Petitioner' Advocate; wherein it is averred that office objections could not be removed on time, as at the relevant time, he was suffering from ligament tier. Ld. Advocate for Respondent Nos. 1 and 2 opposed the present Chamber Order on the grounds that sufficient time had already been granted to the .... 2

.... Continued Prothonotary and Senior Master Date : 11th July, 2024 : 2 :

Petitioner and further, no medical document, proving ailment of Mr. Charkari, Registered Clerk of Ld. Advocate for Petitioner, is attached to any of the Affidavits. Therefore, Ld. Advocate prayed for rejecting present Chamber Order.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) In reply, Ld. Advocate for Petitioner / Applicant submits that concerned Clerk has already filed his Affidavit, in which he himself stated about his ailment. Therefore, there is no need of documentary evidence for the restoration of captioned Petition which was technically rejected for non compliance of office objections.

Considering grounds mentioned in the Affidavits of Petitioner and Registered Clerk of Petitioner's Advocate, I am of the view that, reasons mentioned in the Affidavits in Support appear to be bonafide, and substantial justice cannot be denied on technical grounds. 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 : 11.07.2024 Prothonotary & Senior Master