Fardeen Birbal Ismail v. Bank Of Baroda And 2 ORS.

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 9th July, 2025 FOR HEARING AND FINAL DISPOSAL :

40. CHOL/358/2024 ) ) ) ) ) ) ) ) ) Mr. Amit Ahuja i/b. Ms. Neha Ahuja, Advocate for Applicant in WP(L)/17697/2023 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 the respondents were served with the Chamber Order as per Affidavit of Service, which is on record. Despite service, none appeared for and on behalf of the Respondents.

Heard Ld. Advocate for the Applicant. Perused Affidavit and Addl. Affidavit in support of the Chamber Order. It is contended that vide conditional Order dated 14.2.2024, Applicant was directed to remove office objections within two weeks. However, as the Applicant resides in UAE, it was difficult for him to give instructions to his Advocate while complying office objections and thus, office objections could not be removed within time and the Petition got rejected. It is averred in Addl. Affidavit that delay of 95 days caused in filing present Chamber Order may be condoned and Chamber Order may be allowed.

Ld. Advocate for the Applicant submits that now, he will pursue captioned Petition diligently and therefore, prays that delay caused in filing present Chamber Order may be condoned and Chamber Order may be allowed.

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.... Continued Prothonotary and Senior Master Date : 9th July, 2025 : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Reasons mentioned on oath, as above, by the applicant remain uncontested for want of resistance from the Respondents' side. Therefore, I am of the view that the Applicant has made out a case for restoration of captioned Petition.

In view thereof, present Chamber Order is granted as prayed upon payment of cost of Rs. 5,000/- to 'The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India Mumbai (Main) Branch, Account No. 000120110001337, IFSC Code : BKID0000001. Hence, delay of 95 days, caused in filing present Chamber Order, is condoned and 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 : 09.07.2025 Prothonotary & Senior Master Digitally signed by M N Kadam Date:

2025.07.09 17:03:17 +0530 M N Kadam