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Bombay High CourtCHOL/567/2024disposed off

Shilpa Shailendra Ashar v. Shailendra Laxmidas Ashar (Deceased)

2025-02-05Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 5th February, 2025 FOR HEARING AND FINAL DISPOSAL :

13. CHOL/567/2024 in ) ) Mr. Sachin Kamble, Advocate for the Applicant TP(L)/36054/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present e-filed Chamber Order is taken out by the Applicant for setting aside Order dated 28.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections. Perused Affidavit in Support of the Chamber Order as well as Addl. Affidavit in support of Chamber Order. By the said Addl. Affidavit in support of Chamber Order, the Applicant has withdrawn allegations made against Scrutiny Officer in Para 5 of Affidavit in support.

It is contended in Affidavit in support that Advocate for the Applicant could not remain present when the matter was listed for rejection on 28.03.2024 before this Authority; due to which office objections remained to be complied with and the matter got rejected under OS Rule 986. It is further contended that due to personal difficulty, there is delay of 62 days in filing present Chamber Order and the said delay is caused unintentionally, hence, captioned Petition may be restored to file by condoning 62 days delay in filing present Chamber Order.

Reasons mentioned in Affidavit appear to be genuine. So also, the Applicant has explained delay, as above, caused in filing present Chamber Order satisfactorily. In view of above, the Applicant has made out case for restoration of captioned Petition. Therefore, delay of 62 days caused in filing present Chamber Order is condoned and present Chamber Order is .... 2

.... Continued Prothonotary and Senior Master Date : 5th February, 2025 : 2 :

) ) ) ) ) ) ) ) granted as prayed.

The petitioner to remove office objections on the Petition and get the same registered and/or numbered within ten 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 : 05.02.2025 Prothonotary & Senior Master Digitally signed by M.N.

Kadam Date:

2025.02.06 00:23:36 +0530 M.N.

Kadam