1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.2081 OF 2007 IN SUMMARY SUIT NO.2868 OF 2005 Bank of Maharashtra Khar (W) Branch : Plaintiffs. Versus M/s.Navdurga Trading Co. & ors. : Defendants. Mrs.Rathina Maravarman for the Plaintiffs None for the Defendants. CORAM : R.M.SAVANT, J DATED : DECEMBER 01, 2008 P.C. 1. By the above Chamber Summons, the Applicant/Plaintiff seeks the following reliefs :- a] That this Hon'ble Court be pleased to condone the delay of 2 years and 3 months and 4 days caused in removing the office objections on the plaint and getting it numbered and registered on or before 20th September 2005; 2 b] That the Plaintiffs be permitted to remove the office objections with a period of four weeks. 2. The Applicant is the original Plaintiff, who has filed the above summary suit against the Defendants for recovering an amount of Rs.4,59,510/- on account of the credit facilities extended by the Plaintiffs Bank. 3. It appears that the above Suit was listed before the learned Prothonotary & Senior Master on 6th September 2005 on which day an order came to be passed by the learned Prothonotary & Senior Master that the Office Objections had to be removed on or before 20th September 2005 as otherwise the suit would stand rejected under Rule 986 of the Bombay High Court (Original Side) rules 1980. It appears that the Office Objections were not removed as a consequence of which the suit came to be dismissed for non-removal of the office objections. 3 4. The reasons for non-removal of the office objections are mentioned in Para 7 and 8 of the above Chamber Summons. In my view, the reasons cited by the Plaintiffs are worthy of acceptance as recovery of public money is involved. 5. Hence the above Chamber Summons is required to be allowed and is accordingly made absolute in terms of prayer clauses (a) and (b). The office objections to be removed within six weeks from date. However, the Office is directed to ascertain as to whether the suit falls within limitation considering the reliefs claimed in the above suit. The Suit would stand restored only in respect of reliefs which are within limitation. 6. The above Chamber Summons is accordingly disposed of. [R.M.SAVANT, J]