Kamlesh Manohar Kanungo v. Bureau Of Immigration And 8 ORS

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 15th April, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/193/2025 in WPL/33506/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Ryan Peters i/b. Unadkat and Company, Advocate for the applicant.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 04.03.2025, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant tenders Affidavit of Service dated 15.04.2025, showing service of Chamber Order upon respondents, which is taken on record. Despite service, none appeared for and on behalf of the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that matter was re-assigned to the Associate since earlier Associate was not available. Thereafter, Advocate and his clerk removed office objections on 25.03.2025, however, later on it was learnt that captioned Petition got rejected for non-compliance of office objections. It is further contended that diligent efforts were taken for removing office objections and therefore, grave prejudice will be caused if captioned Petition is not restored to file and prayed for restoration of captioned Petition. Reasons mentioned on oath, appear to be bonafide and substantial justice cannot be denied on technical grounds. Moreover, contentions raised in the affidavit of the applicant, remain uncontested for want of resistance on the part of respondents. In my view, the applicant has made out a case for restoration of captioned Petition.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 15th April, 2025 contd....

CHOL/193/2025 in WPL/33506/2022 ) ) ) ) ) ) ) ) ) ) In view thereof, in the interest of justice, the present Chamber Order is granted as prayed and signed separately.

The petitioner is directed 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 : 15.04.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.04.15 16:20:11 +0530 RAJEEV VIJAY ACHARYA