Bombay High CourtCHOL/449/2024disposed off

Harvindar Pal Singh v. Aviral Crop Science Private Limited

2024-10-09Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 09th October, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/449/2024 in ARBPL/13333/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rohit Jain i/b. Jayakar and Partners, 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 19.03.2024, 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 Affidavits of Service, which are 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 Assistant Advocate, to whom matter was assigned for removal of office objections, has resigned from Advocate's Firm without intimating the time prescribed for removing office objections due to which same could not be complied with, within given time. It is further contended that grave prejudice will be caused to the applicant if captioned Petition is not restored to file. Ld. Advocate for the applicant submits that he has gone through all office objections and he will remove the same once captioned Petition is restored to file.

Contentions raised in Affidavit of the applicant remain uncontested for want of resistance on the part of respondents. Relying on aforesaid contentions, I conclude that the applicant has made out a case for restoration of captioned Petition. Hence, the present Chamber Order is granted as prayed.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 09th October, 2024 contd....

CHOL/449/2024 in ARBPL/13333/2023 ) ) ) ) ) ) ) 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 : 09.10.2024 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2024.10.09 19:29:10 +0530 RAJEEV VIJAY ACHARYA