Bombay High CourtCHOL/267/2024disposed off

Singapore Airlines Ltd, v. Union Of India And ANR.

2024-07-10Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 10th July, 2024 FOR HEARING AND FINAL DISPOSAL :

15. CHOL/267/2024 IN WP(L)/34167/2022 ) ) ) Mr. T.R. Yadav i/b. M/s. Desai & Desai Associates, Advocate for Petitioner / Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : Present Chamber Order is taken out for restoration of the captioned Petition, which was rejected vide Order dated 14.02.2024 for non-compliance of office objections under O.S. Rule 986.

Ld. Advocate for the Petitioner / Applicant tenders Affidavit of Service dated 09.07.2024, which is taken on record. Despite service, none appeared for the Respondents.

Heard Ld. Advocate for the Petitioner / Applicant. Perused Affidavit-in-Support of the present Chamber Order. It is contended therein that on 14.02.2024, when the matter was listed for rejection under O.S. Rules 986, the Advocate inadvertently failed to remain present before this Authority. So also, in the meantime, the dispute between the parties was settled and they were about to withdraw the present matter in the month of March, 2024, when they came to know about rejection of present Petition. Hence, Ld. Advocate has requested to restore the present Petition by setting aside conditional order dated 14.02.2024. Upon hearing submissions of Ld.

Advocate for Petitioner / Applicant and considering grounds raised in the Affidavit, I am inclined to consider the present Chamber Order favourably .... 2

.... Continued CHOL/267/2024 IN WP(L)/34167/2022 Prothonotary and Senior Master Date : 10th July, 2024 : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) since it is desirable that substantial justice cannot be denied on technical grounds. Moreover, none appeared for the Respondents to resist contention raised in the Affidavit. 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 : 10.07.2024 Prothonotary & Senior Master