Union Of India Through Its Secretary Ministry Of Defence v. Indian Naval Employees Union

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 29th July, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/361/2025 in WPL/24449/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Deepam Upadhyay i/b. Anamika Malhotra, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 24.06.2025, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Ld. Advocate for the applicant submits that respondents were served the Chamber Order and Affidavit of Service to that effect is e-filed. Despite service, none appeared for the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that the applicant had given papers to the concerned Panel Counsel for necessary rectification and compliance. However, despite follow up, through oversight on the part of representative of Counsel, objections remained unattended.

Further it is contended that in the meantime, Panel Counsel was elevated as a Senior Counsel of High Court due to which objections remained to be complied with within given time. Ld. Advocate for the applicant submits that now he will pursue with the captioned Petition diligently once it is restored to file. Grounds raised on Affidavit, appear to be genuine and substantial justice cannot be denied on technical ground. Moreover, none appeared for the respondents to resist the present Chamber Order. Hence, I am of the view that the applicant should get one opportunity to pursue with the captioned Petition. However, it would be just and proper

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 29th July, 2025 contd....

CHOL/361/2025 in WPL/24449/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) to impose some cost on the applicant so that the applicant would be more diligent in pursuing captioned Petition. Hence, in the interest of justice, the present Chamber Order is granted as prayed subject to payment of cost of Rs. 10,000/- to 'The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India, Mumbai (Main) Branch, Account No. 000120110001337, IFSC CODE :

BKID0000001.

The petitioner to remove office objections on the Petition and get the same registered and/or numbered 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.

Date : 29.07.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.07.29 17:57:28 +0530 RAJEEV VIJAY ACHARYA