Nhai, National Highways Authority Of India v. Indian Bank

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 31st July, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/387/2024 in WPL/854/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Shweta Singh a/w. Kajal Gupta i/b. M. V.

Kini and Company, Advocate for the applicant. P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 06.03.2024 r/w. Orders dated 21.03.2024 and 17.06.2025, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Ld. Advocate for the applicant tenders Additional Affidavit, which is taken on record. Ld. Advocate for the applicant submits that respondent was served with the Chamber Order as per Affidavit of Service, filed on record. Despite service, none appeared for the respondent.

Heard ld. Advocate for the applicant. Perused Affidavit / Additional Affidavit in Support, contents of which are self-explanatory. It is contended in Affidavit that ld. Advocate taken all efforts to comply with office objections but due to certain technical glitches, inadvertently uploading of the compliance report could not be affected. It is contended in Additional Affidavit that there were fifteen bunches of matters, therefore, delay of 100 days caused in filing present Chamber Order, which was unintentional. Ld. Advocate submits that now she will pursue captioned Petition diligently and prayed for restoration of captioned Petition by condoning delay of 100 days.

None appeared for the respondent. Therefore, contentions raised in Affidavit/Additional Affidavit by the applicant remain uncontested. Therefore, I do not hesitate to rely on the same for the purpose of restoration of

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 31st July, 2025 contd....

CHOL/387/2024 in WPL/854/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) captioned petition. However, it would be just and proper to impose some cost on the applicant so that the applicant would be more diligent in pursuing captioned Petition.

Hence, in the interest of justice, delay of 100 days caused in filing present Chamber Order is condoned and the present Chamber Order is granted as prayed subject to 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. Accordingly, Chamber Order is 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 payment of cost, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 31.07.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.07.31 17:23:21 +0530 RAJEEV VIJAY ACHARYA