Bombay High CourtCHOL/237/2024disposed off

Niyam Raghuvansh Bhasin v. Union Of India Through Secretary, Ministry Of Finance, Department Of Financial Services

2024-07-11Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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

27. CHOL/237/2024 IN WP(L)/34536/2023 ) ) ) ) Mr. Niyam Bhasin, Petitioner / Applicant present in person ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : Instant Chamber Order is taken out by Petitioner / Applicant in person for restoration of the captioned Petition, which was rejected vide Order dated 20.03.2024 for non-compliance of office objections under O.S. Rule 986.

The Petitioner / Applicant submits that the present Chamber Order has duly been served upon all Respondents and Affidavit of Service to that effect is already filed on record. Despite service, today none appeared for Respondents.

Heard Petitioner / Applicant in person. Perused Affidavit-in-Support of the present Chamber Order. It is contended therein that the Applicant was aware about the conditional order dated 20.03.2024; as he himself had attended the matter before this Authority. It is further contended that the employee of the Petitioner's law office, to whom he designated the work of removing office objections, failed to remove office objections and left the office. Further, Applicant has regretted his inadvertence for not supervising his office staff and requested for setting aside conditional order dated 20.03.2024.

Upon hearing submissions of Petitioner / Applicant and considering grounds raised in the Affidavit, I am of the view that the Applicant should get one opportunity to pursue with the captioned Petition .... 2

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

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) diligently. It is desirable that substantial justice cannot be denied on technical grounds. 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 and signed separately.

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 : 11.07.2024 Prothonotary & Senior Master