Lalit Chetram Kamwal vs the Commissioner the M.C.G.M. and 8 Ors. — Bombay HC (2025) — LawSathi Research

Lalit Chetram Kamwal vs the Commissioner the M.C.G.M. and 8 Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Chamber Order granted as prayed — restoration of the captioned Writ Petition WP(L)/905/2020 and setting aside of the conditional order dated 28.06.2023 — subject to the petitioner removing office objections and getting the Petition registered/numbered within four weeks from the date of uploading of the order, failing which it shall stand rejected afresh for non-compliance of office objections under O.S. Rule 986.

Issue for consideration

Whether the Chamber Order (CHOL/106/2024) praying for restoration of the captioned Writ Petition WP(L)/905/2020, rejected on 28.06.2023 for non-compliance of office objections under O.S. Rule 986, ought to be granted despite the 158-day delay in filing the Chamber Order.

Court's answer

Considering the grounds raised in the affidavits, the Ld. Advocate has made out his case for restoration of the Petition, and one opportunity is required to be given to the Applicant to pursue with the captioned Petition.

Ratio / Principle

In view thereof, the present Chamber Order is granted as prayed — i.e., restoration of the Petition and setting aside of the conditional order dated 28.06.2023 — and signed separately.

Key takeaways

The petitioner is to remove office objections on the Petition and get it registered and/or numbered within four weeks from the date of uploading of the order, failing which the Petition shall stand rejected for non-compliance of office objections under O.S. Rule 986.ratio¶14

Detailed headnote1 paragraphs

Chamber Order No. CHOL/106/2024 (in Writ Petition WP(L)/905/2020) — Restoration. The captioned Writ Petition had been rejected by conditional order dated 28.06.2023 for non-compliance of office objections under O.S. Rule 986. By the present Chamber Order the Applicant sought restoration, explaining a delay of 158 days in filing by reason of his low vision / swelling in Retina (medical documents annexed to the Addl. Affidavit) and the Advocate on record's unawareness of the conditional order; an Affidavit of Service upon the Respondents was on record. The Ld. AGP for Respondent Nos. 3 to 9 objected but submitted that a suitable order be passed. Holding that the Advocate had made out a case for restoration and that one opportunity was required, the Prothonotary and Senior Master granted the Chamber Order as prayed, directing the petitioner to remove office objections and have the Petition registered/numbered within four weeks from the date of uploading of the order, failing which the Petition would stand rejected afresh under O.S. Rule 986.

Before : Anil H. Laddhad Prothonotary and Senior Master

Date : 12^th June, 2025

FOR HEARING AND FINAL DISPOSAL :

CHOL/106/2024 ) Ms. Lubdha Bhoir i/b. Mr. Rajesh Khobragade, IN ) Advocate for Applicant WP(L)/905/2020 ) Ms. Gaurangi Patil, AGP for Respondent Nos. 3 to 9 ) )

) P.C. : The present Chamber Order is taken out for ) restoration of the captioned Writ Petition, which ) was rejected vide Order dated 28.06.2023 for ) non- compliance of office objections under O.S. ) Rule 986. ) )

) Affidavit of Service showing service of Chamber ) Order upon Respondents is already filed on record. ) ) Perused Affidavit in support of Chamber Order. It is ) stated in the Affidavit in support of Chamber Order ) that the Advocate on record and his staff was not ) aware of the conditional order dated 28.06.2023 ) and hence, office objections could not be removed ) within stipulated time. )

) Perused Addl. Affidavit in support of Chamber ) Order. It is averred therein that the Applicant was ) suffering with low vision / swelling in Retina, due ) to which he could not pursue the matter and ) therefore delay of 158 days is caused in filing the ) present Chamber Order. Medical documents to that ) effect are already attached to the said Addl. ) Affidavit. Applicant has prayed for setting aside ) conditional order dated 28.06.2023 and for ) restoration of captioned Petition. )

) Ld. AGP for Respondent Nos. 3 to 9 objected for ) restoration of captioned Petition and submits that ) suitable order may be passed in the present Chamber Order.

)

…. 2

…. Continued Prothonotary and Senior Master Date : 12^th June, 2025

: 2 :

Considering grounds raised in the Affidavit, I am of ) the view that Ld. Advocate has made out his case ) ) for restoration of the present Petition and one ) opportunity is required to be given to the Applicant ) to pursue with the captioned Petition. ) ) In view thereof, present Chamber Order is granted ) as prayed and signed separately. )

) The petitioner to remove office objections on the ) Petition and get the same registered and/or ) numbered within four 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 : 12.06.2025

Prothonotary & Senior Master

M NKadam Digitally signedby M N KadamDate:2025.06.1613:49:48+0530