Sanjeeb Das v. Union Of India And 2 ORS.

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 05th August, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/326/2024 in WPL/9488/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Mukund Pandya, Advocate for the applicant.

None present for the respondents.

P.C.:

The present Chamber Order is taken out for setting aside Order dated 05.03.2024, rejecting captioned petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicants submits that the respondents were served with Writ of Summons as per Affidavit of Service dated 26.07.2024, which is on record. Despite service, none appeared for the respondents.

Heard ld. Advocate for the applicants. Perused Affidavit of the applicant, contents of which are self-explanatory. The grounds raised by the applicants in said Affidavit are, (i) at the relevant time, applicant started residing at Kolkotta with his old aged mother due to death of applicant's father and therefore, applicant was not in regular touch with his Advocate, ii) Advocate on record got married in the month of December 2023, iii) In March 2024, there was wedding of family friend of Advocate, and iv) Advocate's clerk could not attend office from 02.03.2024 to 10.03.2024 due to his personal difficulties. Ld. Advocate submits that for the aforesaid reasons, office objections could not be removed in time and delay of 60 days, caused in filing Chamber Order, which was not intentional, and therefore, prays for restoration of captioned Petition by condoning delay, stated as above. Reasons mentioned in the Affidavit, appear to be genuine and substantial justice cannot be denied on technical grounds. Moreover, contentions raised in Affidavit of the applicant,

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 05th August, 2024 contd....

CHOL/326/2024 in WPL/9488/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) remain uncontested for want of resistance on the part of the respondents. In my opinion, the applicant has properly explained delay caused in filing present Chamber Order and made out case for restoration of captioned Petition.

For the forgoing discussion, in the interest of justice, 60 days delay, caused in filing present Chamber Order, is condoned, and the 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 two weeks from the date of uploading of Order, failing petition to stand rejected for non-compliance of O.S.Rule 986.

Date : 05.08.2024 Prothonotary and Senior Master by RAJEEV VIJAY ACHARYA Date:

2024.08.05 18:36:29 +0530 RAJEEV VIJAY ACHARYA