Tex Fab India v. Union Of India

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 4th March, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/350/2024 in WPL/8097/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Aman Mishra i/b. UBR Legal, Advocate for the applicant.

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

2.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 05.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. A.G.P appearing for respondent no. 2 waives service of Chamber Order for and on behalf of respondent no. 2.

Ld. Advocate for the applicant submits that respondent nos. 1 and 3 to 5 were served with Chamber Order as per Affidavit of Service, filed on record. Despite service, none appeared for these respondents.

Heard ld. Advocate for the applicant. Perused Affidavit in Support of the Chamber Order, contents of which are self-explanatory. It is averred that Advocate on record, inadvertently, missed the order and failed to take action accordingly. Ld. Advocate for the applicant submits that he will pursue with the captioned Petition diligently once it is restored to file and therefore, prayed for restoration of captioned Petition by condoning delay caused in filing present Chamber Order since it was unintentional.

Ld. A.G.P for respondent no. 2 submits for passing suitable orders.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 4th March, 2025 contd....

CHOL/350/2024 in WPL/8097/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Considering reason mentioned on oath, and submissions of ld. Advocate for the applicant, I am of the view that one opportunity needs to be given to the applicant, so that captioned Petition can be heard on merits, by which substantial justice can be taken care of. However, it appears that there is delay of 3 months and 9 days caused in filing present Chamber Order, which can be condoned by saddling cost.

In view thereof, in the interest of justice, delay of 3 months 9 days caused in filing present Chamber Order is condoned subject to payment of cost of Rs. 5,000/-, to be paid to the High Court Law Library within a week from the date of uploading of order.

Accordingly, the present Chamber Order is granted as prayed.

The petitioner to remove office objections on the Petition and get the same registered and/or numbered within four weeks from the date of payment of cost, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 04.03.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.03.04 17:35:33 +0530 RAJEEV VIJAY ACHARYA