Registrar General Of Court Has No Power To Order For Mass Dismissal Of Cases In Default For Non-Removal Of Office Objections- Bombay HC
The Bombay High Court has held that the Registrar General of the Court has no power to order for mass dismissal of cases in default for non-removal of office objections.
The Bench of Justice R.I. Chagla said that “The common notices issued by the Prothonotary & Senior Master of this Court on 15th September 2022 are clearly contrary to Rule 986 of the Bombay High Court (O.S.) Rules, 1980 as the common notice was issued without listing of the matters, which are the subject matter of these notices. In my considered view, there is no power to issue such blanket directions of removal of office objections within the period stipulated in the common notices without first listing these matters and accordingly, the common notices dated 15th September 2022 are being recalled.”
Advocate Dr. Abhinav Chandrachud appeared for the applicant/plaintiff and Advocate Vishal Narichania appeared for the defendant.
In this case, the Interim Application was preferred for directions, in view of the Suit having been rejected pursuant to the common notice issued under Rule 986 of the Bombay High Court (O.S.) Rules, 1980 (Rules), by the Prothonotary & Senior Master of this Court dated September 15, 2022, for non-removal of office objections within the stipulated period of eight weeks.
The Court noted that as per Rule 986 of the Rules, the Suits were required to be placed on board for directions by the Prothonotary & Senior Master of this Court prior to passing of the blanket directions for removal of office objections.
Therefore, the common notices issued be recalled and “The matters which were rejected as per the common notices dated 15th September 2022 on the ground that the office objections have not been removed within the time stipulated therein stand restored by this order with effect from 15th September 2022.” the Court further directed.
Accordingly, the matter was listed for further hearing on April 19, 2023.
Cause Title- Lok Everest Co-op. Hsg. Soc. Ltd. V. M/s. Jaydeep Developers & Ors.
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