BREAKING: Bombay High Court Recalls Registrar’s Notice Dismissing Thousands Of Cases Over Non-Removal Of Office Objections In 2022

In a significant ruling the Bombay High Court has recalled the Prothonotary & Senior Master’s September 15, 2022 notice dismissing civil suits filed before December 2021, in default, for non-removal of office objections within eight weeks.

Justice Riyaz Chagla observed that the common notice couldn’t have been issued under Rule 986 of the Bombay High Court (O.S.) Rules, 1980 without first listing of matters. Consequently, the court restored the dismissed suits to the High Court’s records.

“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.”

Through the notice, the Prothonotary & Senior Master of High Court directed rejection in default of all suits filed before December 2021 if office objections weren’t removed within the stipulated period of eight weeks.

Subsequently, a clutch of interim applications were filed in the dismissed suits assailing the notice. One such matter was Lok Everest Co-op. Hsg. Soc. Ltd. Versus Jaydeep Developers.

Advocate Dr. Abhinav Chandrachud assisted by Advocate Ashwini Patil instructed by Solicis Lex, submitted that his clients were not even aware about the rejection of their suit pursuant to the notice. He claimed that under the Rule, rejection is effected only when office objections have not been removed within 30 days, prior to which the matter is placed before the Prothonotary & Senior Master of the Court for directions.

“Only then can the discretion be exercised by the Prothonotary & Senior Master of this Court to either reject the Plaint for non-removal of office objections or grant further time,” Chandrachud contended, calling it a “blanket ban.”

Advocate Rohaan Cama appearing for petitioners in another suit cited the case of Lawrence Fernandes Vs. State of Maharashtra wherein the court held that the Prothonotary & Senior Master of this Court is empowered to direct dismissal of the Plaint, Memorandum of Appeal, Execution Application, etc. for non-removal of office objections only after such matters are placed before him.

He further submitted that the suits needs to be restored and thereafter time should be granted for office objections.

Justice Chagla found considerable merit in their arguments and recalled the notice and restored the dismissed suits. Significantly the court said that the suit should be listed on board before the Prothonotary & Senior Master of this Court for directions.

“…The time to be fixed for removal of office objections shall be considered on a case to case basis by the Prothonotary & Senior Master of this Court dependent upon the nature of objections which are to be removed.”

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