Bombay High CourtCHOL/275/2024disposed off

Pivotal Enterprises Private Limited v. The State Of Maharashtra And 3 ORS

2024-10-24Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 24th October, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/275/2024 in WPL/15566/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Pankaj Waghela i/b. Manish Malpani, Advocate for the applicant.

None present for the respondents.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 20.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant submits that the respondents were served with Chamber Order, however, despite service none appeared for and on behalf of the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit and Additional Affidavit in Support of the Chamber Order, explaining delay, contents of which are self-explanatory. Ld. Advocate appearing for the applicant submits that inadvertently, office objections could not be removed within given time, and delay of 88 days caused in filing present Chamber Order was not intentional and therefore, said delay may be condoned and captioned petition may be restored to file.

Respondents, despite service, choose to remain absent due to which contentions raised in Affidavit / Additional Affidavit of the applicant remain uncontested. In view thereof, I am of the opinion that one opportunity needs to be given to the applicant to pursue with the captioned Petition. Further, the applicant has explained delay of 88 days, caused in filing present Chamber Order, satisfactorily.

Hence, delay, as aforesaid, caused in filing present Chamber Order is condoned and

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 24th October, 2024 contd....

CHOL/275/2024 in WPL/15566/2022 ) ) ) ) ) ) ) ) ) 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 four 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 : 24.10.2024 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2024.11.04 10:58:44 +0530 RAJEEV VIJAY ACHARYA