BANK OF INDIA vs Pramod Sahebrao Mahale on 3 March 2025

**O R D E R**

1. 1. This Order of mine shall dispose of the Chamber Appeal No.9 of 2024.

2. 2. The present Chamber Appeal is to set aside the Order dt.16.04.2024 passed by the Ld. Registrar declining the Original Application (Diary) No.730 of 2023 and to restore the same and allow the Applicant Bank to comply with the office objections to get the said Original Application registered/numbered.

3. 3. It is the plea of the Applicant that the non-removal of the objections/rectification of defect occurred due to the lapses on the part of dealing advocate and not due to any wilful laches or negligence on the part of the Bank or its officials therefore, Applicant Bank be given an opportunity to rectify the defects, as substantial amount involving public money is at stake and if the defaulters are not proceeded against, not only the Applicant

Bank would suffer irreparable loss but also it will lead to huge loss to public money.

1. 4. The Chamber Appeal in Original Application (Diary) No.730 of 2023 is on account of genuine reasons and there is just and sufficient cause to allow the same. It has been held in plethora of judgments by Hon'ble Supreme Court that a party be not made to suffer because of negligence of the advocate. So, in the interest of justice, present Chamber Appeal No.9 of 2024 is hereby allowed. The Applicant Bank is hereby allowed to comply with the office objections and to get the Original Application (Diary) No.730 of 2023 registered/numbered within one month from today.

Dt.03.03.2025

(ARUN KUMAR SINGAL) PRESIDING OFFICER DRT-III, MUMBAI