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Bombay High CourtCHOL/252/2024disposed off

Cyril Martis v. Life Insurance Corporation Of India And 5 ORS

2025-04-01Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 01st April, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/252/2024 in WPL/19652/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Vivekanand Akshali i/b. Devmani Shukla, Advocate for the applicant.

Mr. J. J. D'costa, Development Officer of LIC - respondent no. 5.

Mr. Ahmed Padela i/b. The Law Point, Advocate for respondent nos. 1 to 6.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 13.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory.

It is contended that inadvertently, Advocate on record missed the matter, so also, the applicant was travelling due to which legible copies of documents could not be obtained and therefore, office objections remained to be complied with. Ld. Advocate for the applicant submits that he will pursue with the captioned petition diligently if it is restored to file.

Ld. Advocate for respondent nos. 1 to 6 objected the present Chamber Order and submitted for passing suitable orders.

Considering reasons put-forth on oath by the applicant, I am of the view that the applicant should get one opportunity to pursue with the captioned Petition. Further, no prejudice would cause to the respondents if captioned petition is restored to file since they can contest the Petition on merits, so that, substantial justice can be taken care of. In view thereof, in the interest of justice, the

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 01st April, 2025 contd....

CHOL/252/2024 in WPL/19652/2022 ) ) ) ) ) ) ) ) ) present Chamber Order is granted as prayed and signed separately.

The petitioner to remove office objections on the Petition and get the same registered and/or numbered within six 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 : 01.04.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.04.01 16:17:52 +0530 RAJEEV VIJAY ACHARYA