Aditya Birla Finance Limited v. Naga Sharath

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 02nd July, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/233/2024 in ARBPL/22122/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jenny Somaiya i/b. Tikshta Modi Akhil Modi, Advocate for the applicant.

None present for the respondent.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 02.04.2024, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Ld. Advocate for the applicant made a statement that the respondent is served with the Chamber Order and undertakes to upload Affidavit of Service to that effect. Statement/ Undertaking is accepted. Despite service, none present for the respondent.

Heard ld. Advocate for the applicant. Perused Affidavit in Support to the Chamber Order. It is contended in paragraph no. 4 of said Affidavit in Support that office objections had already been complied with, within given period, and compliance praecipe was uploaded, however, concerned department did not forward file of captioned petition to the concerned Associate due to which captioned petition got rejected vide Minutes of Order dated 02.04.2024. Ld. Advocate for the applicant submits that she will pursue with the captioned petition diligently if it is restored to file.

Head of the concerned Department to place report before this Authority within two weeks, on administrative side, stating therein, as to whether allegations made against department in paragraph no. 4 of aforesaid Affidavit in Support, are true and correct.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 02nd July, 2024 contd....

CHOL/233/2024 in ARBPL/22122/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Considering grounds raised in Affidavit, prima facie, it appears that the applicant had made attempts to remove office objections, however, for the reasons mentioned in paragraph no. 4 of said Affidavit, compliance done in the captioned petition could not be verified from the concerned Ld. Scrutiny Officer. None appeared for and on behalf of the respondent to resist contentions of the applicant. Hence, I do not hesitate to rely on the contentions raised in the Affidavit. In view thereof, present Chamber Order is granted as prayed.

The petitioner to remove office objections on the petition and get the same registered and/or numbered within two weeks from the date of uploading of order, failing petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 02.07.2024 Prothonotary and Senior Master