Shree Krishna Textiles v. Laxmi Technical Textile Pvt Ltd

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 16th January, 2025 FOR HEARING AND FINAL DISPOSAL :

14. CHOL/502/2024 ) ) ) ) ) Mr. Prasad Rokade a/w. Mr. Yogesh Dharra i/b. Mr. Ashok Saraogi, Advocate for Applicant Ms. Manisha Gawade, AGP for State of Maharashtra ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C.: The present Chamber Order is taken out by the Petitioner for setting aside Order dated 05.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections. Affidavit of Service showing service of present Chamber Order is already filed on record.

Perused Chamber Order and Affidavit in Support of Chamber Order. Heard Ld. Advocate appearing for the Petitioner, who submits that Petitioner was solely dependent on the advise of the Advocate who had already instructed his Clerk to remove office objections on the Petition and get the same numbered / registered. However, due to inadvertence on the part of the Advocate Clerk and non-communication between the Petitioner and Advocate, Petition got rejected for want of compliance. Ld. Advocate further submits that he came to know about the said fact in the month of August, 2024 and therefore delay of 186 days caused in filing present Chamber Order may be condoned by allowing present Chamber Order.

I have considered submissions as canvassed by Ld. Advocate and contentions made in Affidavit as above. Due to inadvertence on the part of Advocate Clerk, as stated in the Affidavit by the Petitioner, .... 2

..... Continued Prothonotary and Senior Master Date : 16th January, 2025 : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) captioned Petition got rejected and 186 days delay was caused in filing present Chamber Order. Reasons put forth for condonation of delay and restoration of the captioned Petition appears to be bonafide. Hence, I deem it fit to condone delay and allow present Chamber Order. Hence, I pass following order :

O R D E R

Delay of 186 days caused in filing present Chamber Order is condoned subject to payment of cost of Rs. 1,000/- to the Maharashtra State Legal Services Authority within two weeks from the date of uploading of order.

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

In view of above, Chamber Order stands allowed. Date : 16.01.2025 Prothonotary & Senior Master M.N.

Kadam by M.N. Kadam Date:

2025.01.17 11:00:56 +0530