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Bombay High CourtCHOL/409/2024disposed off

M P Enterprises And Associates Ltd v. Union Of India

2024-10-08Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 08th October, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/409/2024 in WPL/25655/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Aman Mishra i/b. UBR Legal Advocates, Advocate for the applicant.

None present for the respondents.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 04.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant submits that 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 in Support to the Chamber Order. It is contended that inadvertently, ld. Advocate missed out aforesaid Conditional Order passed in the matter due to which, office objections could not be complied with, within given time. It is further contended that for the same reason, delay of 04 months and 9 days caused in filing present Chamber Order. Ld. Advocate for the applicant submits that delay, as above, caused in present Chamber Order was unintentional and it may be condoned and captioned Petition may be restored to file.

Reason mentioned in the Affidavit, remains uncontested for want of resistance from the respondents. Further, the petitioner should not be suffered for the mistake on the part of Advocate. So also, the applicant has explained delay, as above, satisfactorily. Therefore, the applicant should get one opportunity to pursue with the captioned Petition.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 08th October, 2024 contd....

CHOL/409/2024 in WPL/25655/2022 ) ) ) ) ) ) ) ) ) ) ) For the forgoing discussion, delay of 04 months and 9 days, caused in filing present Chamber Order is condoned and 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 : 08.10.2024 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2024.10.08 18:31:15 +0530 RAJEEV VIJAY ACHARYA