Bombay High CourtCHOL/211/2024disposed off

Savannah Lifestyle Pvt . Ltd v. The Official Liquidator And ANR

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 :

14. CHOL/211/2024 IN WP(L)/31466/2023 ) ) ) ) Ms. Shivani Bhandary i/b. M/s. Solomon & Co., Advocate for Petitioner Mr. Shivaji A. Masal, Advocate for Respondent No. 1 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 19.06.2024, which is taken on record. Despite service, none appeared for the Respondents, save and except, Respondent No. 1.

Perused Chamber Order and Affidavit in Support of the Chamber Order. It is contended therein that after passing of conditional order dated 20.02.2024, the matter was listed on 26.02.2024 and 06.03.2024 before the Hon'ble Court; because of which the Petitioner was unable to comply with the office objections within stipulated time. Hence, he prayed for setting aside conditional order dated 20.02.2024 as there is no deliberate delay in removing office objections.

Ld. Advocate for Respondent No. 1 objected the present Chamber Order on the ground that no diligent efforts had been taken within stipulated time and prayed for rejection of the present Chamber Order.

Heard Ld. Advocate for the Petitioner. Upon .... 2

.... Continued CHOL/211/2024 IN WP(L)/31466/2023 Prothonotary and Senior Master Date : 20th June, 2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) considering grounds mentioned in the Affidavit, I am of the view that the applicant should get one opportunity to pursue with the captioned Petition diligently. 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