Bombay High CourtCHOL/241/2024disposed off

Cletus Holand Dias v. Arnold Lawrence Drego

2024-06-27Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 27th June, 2024 FOR HEARING AND FINAL DISPOSAL :

15. CHOL/241/2024 IN TP(L)/2974/2021 ) ) ) Ms. Bushra Sayed i/b. M/s. V. Shukla & Associates, Advocate for Petitioner / Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present e-filed Chamber Order is taken out by the Petitioner / Applicant for setting aside Order dated 15.06.2023, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Heard Ld. Advocate for the Petitioner / Applicant. Perused e-filed Affidavit-in-Support of the present Chamber Order. It is averred therein that due to financial difficulty, the Petitioner was not able to comply with office objections raised on 12.02.2021 regarding non-payment of Court Fees. Initially, the matter was placed before the Addl. Prothonotary & Senior Master on 08.09.2021, when conditional order came to be passed directing the Petitioner to pay the court fees within stipulated time, failing which matter will be placed before the the Prothonotary & Senior Master for rejection under O.S. Rule 986. It is further stated that thereafter, on 15.06.2023 the matter was placed before this Authority for rejection under O.S. Rule 986 and four weeks time was granted to remove office objections. However, due to non-payment of court fees, matter was disposed on 15.07.2023. Ld. Advocate, therefore, prays to grant the present Chamber Order.

Upon hearing submissions of Ld.

Advocate for Petitioner / Applicant and considering .... 2

.... Continued CHOL/241/2024 IN TP(L)/2974/2021 Prothonotary and Senior Master Date : 27th June, 2024 : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) grounds raised in the Affidavit, I am inclined to consider the present Chamber Order favourably since it is desirable that substantial justice cannot be denied on technical grounds. Moreover, the Applicant deserves an opportunity to proceed in the matter. Hence, 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 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 : 27.06.2024 Prothonotary & Senior Master