Bombay High CourtCHOL/370/2024disposed off

Premier Textile Processors v. Shree Naman Developers Pvt Ltd

2024-08-21Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 21st August, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/370/2024 in ARBPL/24409/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Parth Turakhia i/b. Solicis Lex, Advocate for the applicant.

Mr. Aman Sadiwala i/b. Rashmikant and Partners, Advocate for respondent nos. 1 to 4. Ms. Payal Gupte i/b. Thodur Law, Advocate for respondent no. 5.

P.C.:

The present Chamber Order is e-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.

Heard Ld. Advocate for the applicant. Perused Affidavit and Additional Affidavit of the applicant, explaining reasons for rejection of captioned Petition and 66 days delay caused in filing present Chamber Order. It is contended that all defects were cured in time, however, as no communication has been received from the concerned department about further defects, the applicant was under bonafide impression that the captioned Petition might have been numbered. It is further contended that Advocate on record got knowledge of rejection of captioned Petition on 23.07.2024 due to which delay of 66 days was caused in filing present Chamber Order. Ld. Advocate for the applicant submits that if captioned Petition is restored to file, he will pursue with the same diligently.

Ld. Advocates appearing for the respondents give no objection for restoration of captioned petition.

Considering contentions raised in Affidavit and Additional Affidavit of the applicant and no

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 21st August, 2024 contd....

CHOL/370/2024 in ARBPL/24409/2023 ) ) ) ) ) ) ) ) ) objection given by the respondents, 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 two 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 : 21.08.2024 Prothonotary and Senior Master