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Bombay High CourtCHOL/270/2024disposed off

Somnath Gorakhnath Sankpa v. Western Railways Through Inspector General - Pcsc And ANR.

2025-02-07Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

Before : Anil H. Laddhad Prothonotary and Senior Master [ Date : 7th February, 2025 FOR HEARING AND FINAL DISPOSAL :

12. CHOL/270/2024 IN ) ) Ms. Bhairavi Waravdekar, Advocate for Applicant WP(L)/13411/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out by the Applicant for setting aside Order dated 28.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Affidavit of Service showing service of Chamber Order is already filed on record. Despite service, none appeared for and on behalf of the Respondents. Heard Ld. Advocate for the Applicant. Perused Affidavit in support and Addl. Affidavit in support of Chamber Order. It is contended therein that through oversight, office objections could not be removed within given time and hence Petition got rejected. It is further contended that for the same reason, delay of 32 days was caused in filing present Chamber Order. Hence, Chamber Order may be allowed by condoning delay.

Upon hearing submissions of Ld. Advocate for Applicant and considering grounds raised in the Additional 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, 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 four 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 : 07.02.2025 Prothonotary & Senior Master