Kaushal Kumar Tripathi v. The State Bank Of India (Chairman) And 3 ORS.
Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 25th February, 2025 FOR HEARING AND FINAL DISPOSAL :
CHOL/333/2024 in WPL/32856/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) None present.
P.C.:
The present Chamber Order is taken out by the applicant for setting aside Order dated 14.02.2024, rejecting the petition under O.S.Rule 986 for non-compliance of office objections.
Perused Minutes of Order dated 23.10.2024 passed in the matter. In view of this Order, all Advocates on record have filed their explanation, which is accepted. All Advocates are hereby warned that henceforth, not to adopt any such kind of practice in future, else strict action will be taken against them.
Perused Affidavit in Support, explaining grounds for non-compliance of office objections within given time and Additional Affidavit in Support, explaining delay of 90 days caused in filing present Chamber Order, contents of which are self-explanatory. It is averred that all office objections were complied with, however, captioned petition was not registered and therefore, got rejected. Further, the applicant, resident of Gorakhpur, Uttar Pradesh, is a heart patient, suffering from chronic heart ailment at the relevant time, therefore, he could not come to Mumbai due to which delay of 90 days has been caused in filing present Chamber Order. It is further averred that grave prejudice will be caused to the applicant if captioned petition is not restored to file.
Considering reasons putforth on oath by the applicant, I am of the opinion that the applicant should get an opportunity to pursue with the captioned Petition. Moreover, no prejudice will be caused to the respondents if
2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 25th February, 2025 contd....
CHOL/333/2024 in WPL/32856/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) captioned petition is restored to file since they can contest the captioned petition on its merits. Hence, delay of 90 days 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 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 : 25.02.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:
2025.02.26 10:38:34 +0530 RAJEEV VIJAY ACHARYA