Bombay High CourtCHOL/348/2024disposed off

Council For Scientific And Industrial Research v. Tandon Urban Solutions Pvt Ltd

2024-12-19Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 19th December, 2024 FOR HEARING AND FINAL DISPOSAL :-

7. CHOL/348/2024 in ARBP(L)/21101/2023 ) ) ) Mr. Chinmay Apte i/b. Mr. K.P. Anilkumar, Advocate for the Petitioner / Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is filed by the Applicant for setting aside Order dated 02.04.2024, 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 the Chamber Order as per Affidavit of Service, which is already filed. Despite service, none present for Respondents. Heard Ld. Advocate for the Applicant. Perused Affidavit and Addl. Affidavit in support of Chamber Order. It is contended that objections on the Petition were duly complied with. However, submission of court fees was not reflected on the website. Thereafter, Petitioner produced copy of receipt of payment of court fees to the department, however, the e-filing portal did not reflect the same and hence, matter got rejected. He, therefore, prays that delay of 35 days was caused in filing present Chamber Order be condoned and the Chamber Order may be allowed.

Reason mentioned in the Affidavit-in-Support appears to be bonafide, and substantial justice cannot be denied on technical ground. It appears that Applicant had made several attempts to remove office objections within given period. However, for the reasons mentioned in the Affidavit, he could not remove office objection. Hence, delay of 35 days, caused in filing present Chamber Order, is condoned and the present Chamber Order is granted as prayed. .... 2

.... Continued Prothonotary and Senior Master Date : 19th December, 2024 : 2 :

) ) ) ) ) ) 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 the petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 19.12.2024 Prothonotary & Senior Master