Bombay High CourtCHOL/202/2024disposed off

Jalaram Fabrics v. Nisarg Textiles Pvt. Ltd

2024-07-05Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 05th July, 2024 FOR HEARING AND FINAL DISPOSAL :

12. CHOL/202/2024 IN ARBP(L)/35305/2022 ) ) ) ) Mr. Tanvir Kazi, Advocate for Petitioner / Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present e-filed Chamber Order is taken out by the Petitioner / Applicant for setting aside Order dated 05.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

E-filed Affidavit of Service dated 08.05.2024 proving service of present Chamber Order upon Respondents is already taken on file. Despite service, none appeared for the respondents.

Heard Ld. Advocate for the Petitioner / Applicant. Perused e-filed Affidavit-in-Support of the present Chamber Order. It is averred therein that on 05.03.2024, when the matter was listed before this Authority, he found out that the brief of the entire matter was missing and as no spare copy was available, the only option available was to apply for certified copy of the present Petition. It is further stated that Ld. Advocate is in process to obtain the certified copy in the captioned matter and hence, the present Chamber Order may be allowed.

Upon hearing submissions of Ld.

Advocate for Petitioner / Applicant and considering grounds raised in the Affidavit, I am inclined to ..... 2

..... Continued Prothonotary and Senior Master Date : 05th July, 2024 : 2 :

consider the present Chamber Order; as the ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petitioner / Applicant deserves an opportunity to proceed in the matter. Since there is no resistance to the present Chamber Order; for the reasons mentioned in Affidavit-in-Support of present Chamber Order, the present Chamber Order is allowed, as prayed.

The Petitioner to remove office objections on the Petition and get the same numbered and/or registered within three 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 : 05.07.2024 Prothonotary & Senior Master