Vishal Shamlal Chhabria v. Union Of India And 2 ORS

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 22nd October, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/337/2024 in WPL/28293/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Yash Pandya and Krishna Kore i/b. Jayakar and Partners, Advocate for the applicant.

Ms. Manisha Gawde, A.G.P for respondent no.

2 - State.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 14.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant submits that respondents were served with the Chamber Order as per Affidavits of Service, which are on record. Despite service, none appeared for and on behalf of respondents, save and except respondent no. 2.

Heard ld. Advocate for the applicant. Perused Affidavit of the applicant. It is contended that inadvertently, Advocate on record misread the board and therefore, he was not aware about Conditional Order dated 14.02.2024 passed in the captioned Petition due to which office objections could not be removed in time. For the same reason, the applicant also seeks condonation of 113 days delay caused in filing present Chamber Order. Ld. Advocate appearing for the applicant tenders photocopy of Air Ticket of the petitioner and submits that the petitioner wants to travel out of India on 3rd November, 2024. Ld. Advocate further submits that captioned petition was filed for quashing of look out Notice, issued against the petitioner, for which the petitioner wants to move before the Hon'ble Court for appropriate directions in the captioned Petition. Hence, ld. Advocate for the petitioner prays for restoration of captioned Petition.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 22nd October, 2024 contd....

CHOL/337/2024 in WPL/28293/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ld. Advocate appearing for respondent no. 2 gives no objection for restoration of captioned Petition.

Considering grounds mentioned in the Affidavit of the applicant, submissions of ld. Advocate for the petitioner, as above, and no objection given by ld. Adovcate for respondent no. 2, I am of the view that the applicant has made out a case for restoration of captioned Petition.

However, it appears that considerable delay of 113 days, caused in filing present Chamber Order. In my view, said delay needs to be compensated in terms of cost, to which ld. Advocate appearing for the applicant submits that he is ready to compensate aforesaid delay by depositing cost of Rs. 2,000/- to the Bombay Bar Association's Charitable Trust.

In view thereof, delay of 113 days, caused in filing present Chamber Order, is condoned and the present Chamber Order is granted as prayed subject to payment of cost of Rs. 2,000/-, to be paid to the Bombay Bar Association's Charitable Trust within a week from the date of uploading of Order. The Chamber Order is signed separately.

Upon payment of cost, 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 the petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 22.10.2024 Prothonotary and Senior Master by RAJEEV VIJAY ACHARYA Date:

2024.10.24 13:54:16 +0530 RAJEEV VIJAY ACHARYA