Okasa Pharma Private Limited v. National Pharmaceutical Pricing Authority And 3 ORS.

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 10th February, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/357/2024 in WPL/981/2020 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sukhada Wagle and Sanaya Contractor i/b. Veritas Legal, Advocate for the applicant. Ms. Manisha Gawde, A.G.P for respondent no.

3 - State of Maharashtra.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 17.01.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant submits that as per Affidavit of Service dated 07.08.2024, the respondents were served with Chamber Order, however, none present for the respondents, save and except, respondent no. 3.

Heard ld. Advocate for the applicant. Perused Affidavit and Additional Affidavit in Support of the Chamber Order, contents of which are selfexplanatory. It is categorically averred that erstwhile Advocate failed to comply office objections on the Petition and inform the applicant accordingly. It is further averred that for the same reason, the applicant engaged new Advocate in the matter, however, in the meantime, delay of 153 days was caused in filing present Chamber Order, which was unintentional. Therefore, the applicant has prayed for restoration of captioned Petition.

L.d A.G.P appearing for respondent - State of Maharashtra submitted for passing suitable orders.

Reasons mentioned, on oath, appear to be genuine and substantial justice cannot be denied on technical ground. Despite service,

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 10th February, 2025 contd....

CHOL/357/2024 in WPL/981/2020 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) none present for respondent nos. 1, 2 and 4.

In my view, one opportunity needs to be granted to the applicant to pursue with the captioned Petition. Hence, delay of 153 days, caused in filing present Chamber Order, is condoned with no order as to costs 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 : 10.02.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.02.10 18:16:06 +0530 RAJEEV VIJAY ACHARYA