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Bombay High CourtCHOL/469/2024disposed off

Spenta Vintage Pvt Ltd v. Evershine No Ll Chs Ltd

2024-12-12S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

Before : S.S. Agate I/c. Prothonotary and Senior Master Date : 12th December, 2024 FOR HEARING AND FINAL DISPOSAL :

2.

CHOL/469/2024 ) ) ) ) ) ) ) Mr. Ranbir Singh a/w. Eshan Patel and Ms. Reema Machhya i/b. Mr. Harsh Malhotra, Advocate for Petitioner / Applicant IN ARBP(L)/9858/2023 Mr. Sanil Gada i/b. M/s. Solicis Lex, Advocate for Respondents ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is e-filed by the Petitioner / Applicant for setting aside Order dated 20.08.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the Petitioner / Applicant submits that the Respondent was served with the Chamber Order as per E-filed Affidavit of Service, which is on record.

Heard both the Ld. Advocates. Perused Affidavit in Support of Chamber Order. It is contended therein that vide conditional Order dated 20.08.2024, the Petitioner was granted time to remove office objections till 11.09.2024. Accordingly, on 05.09.2024, Ld. Advocate had filed a Compliance Praecipe removing all the objections. However, due to voluminous documents, office objection with regard to illegible copies of certain exhibits, remained to be complied with and the matter got rejected. Hence, Ld. Advocate prayed for setting aside conditional order dated 20.08.2024 and restoration of captioned Petition.

Perused Affidavit in Reply e-filed by Respondent, which is self explanatory. Ld. Advocate appearing for Respondent submits that appropriate order may be passed.

Reason mentioned in the Affidavit-in-Support .... 2

..... Continued 2 Before : S.S. Agate I/c. Prothonotary and Senior Master Date : 12th November, 2024 appears to be bonafide, and substantial justice cannot be denied on technical ground. In view thereof, I am of the view that the Petitioner / Applicant should get one opportunity to pursue with the captioned Petition diligently. Hence, the 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 the Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 12.12.2024 I/c. Prothonotary & Senior Master