Santosh Dattaram Indulkar v. Departmental Engineer Brihanmumbai Electric Supply And Transport And 5 ORS.

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 23rd October, 2024 FOR HEARING AND FINAL DISPOSAL :

19. CHOL/417/2024 IN WP(L)/23604/2022 ) ) ) ) ) ) ) ) ) ) Mr. Durgesh Rege i/b. M/s. Unified Legal Partners, Advocate for Petitioner / Applicant Ms. Shweta Singh a/w. Ms. Kajal i/b. M/s. M.V. Kini & Co., Advocate for Respondent No. 2 Mr. Sanjay Prabhala i/b. Mr. D.C. Pathak, Advocate for Respondent No. 3 Ms. Manvi Sharma i/b. Mr. Mayank Mishra, Advocate for Respondent Nos. 4 to 6 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out by the Petitioner / Applicant for setting aside Order dated 20.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections. Affidavit of Service showing service of Chamber Order upon Respondents is already filed on record. Heard Ld. Advocate for Petitioner / Applicant. Perused Affidavit in support of Chamber Order.

It is stated in the said Affidavit in support of Chamber Order that office objection could not be removed within time as Exhibit 'A', being Consent Terms and Consent Decree passed by this Hon'ble Court in the year 1968, which is more that 50 years old, was illegible. The Petitioner is a senior citizen and trying to get it typed, however, in the meantime, the said Exhibit 'A' was misplaced by him. Now, he has found the same and handed over to the Advocate. It is further contended that for the same reason, there is delay of 183 days caused in filing present Chamber Order. Hence, Ld. Advocate has requested to restore the present Petition by setting aside conditional order dated 20.02.2024 by condoning the delay caused in filing Chamber Order.

Ld. Advocates appearing for Respondent Nos. 2, 3 and 4 to 6 jointly made a statement that they have .... 2

Prothonotary and Senior Master .... Continued Date : 23rd October, 2024 : 2 :

no objection if the Chamber Order is allowed by condoning the delay caused in filing the same. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Reasons mentioned in the Affidavit appear to be genuine and substantial justice cannot be denied on technical grounds. Further, the applicant has explained delay of 183 days, as aforesaid, satisfactorily. Hence, delay of 183 days caused in filing present Chamber Order is condoned 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 numbered and/or registered within four weeks from the date of uploading of the order, failing the Petition to stand rejected for non-removal of office objections under O.S.Rule 986.

Date : 23.10.2024 Prothonotary & Senior Master