Captain Kamal Grover v. Bajaj Allianz General Insurance Co. Ltd.

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 30th September, 2025 FOR DIRECTION :

CHOL/465/2025 in ARBPL/5531/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Nidhi Chauhan I/b. Vishwanath Patil, Advocate for the applicant.

None present for the respondents.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 05.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant made a statement that respondent is served with the Chamber Order and affidavit of service is filed on record. Despite of service, none appeared for the respondent.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that Junior entrusted with the captioned matter suffered from severe medical conditions and was on leave till July 2023 and thereafter, left the Chambers of Advocate on record without updating about the matter. It is further contended that ld. Advocate on record was not aware about listing of the matter as email was not received to him due to which office objections could not be removed within given time. Ld. Advocate submits that now he will pursue with the captioned diligently if it is restored to file.

None appeared for the respondent. Therefore, contentions raised on oath by the applicant remain uncontested. Hence, I do not hesitate to rely on the same for the purpose of restoration of captioned Petition. Moreover, substantial justice cannot be denied on technical grounds. However, in the interest of

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 30th September, 2025 contd....

CHOL/465/2025 in ARBPL/5531/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) justice, it would be just and proper to impose certain cost with a view that the applicant should be more vigilant in pursuing with captioned Petition. Hence, in the interest of justice, present Chamber Order is granted as prayed subject to payment of cost of Rs. 2,500/- to 'The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India, Mumbai (Main) Branch, Account No.

000120110001337, IFSC CODE :

BKID0000001, within two working days.

Chamber Order is signed separately.

Upon payment of cost, the petitioner to remove office objections of Petition and get the same registered and/or numbered within two weeks, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 30.09.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.10.01 10:46:15 +0530 RAJEEV VIJAY ACHARYA