Kernrechtsfrage
Whether the Obergericht committed a denial of justice by refusing to treat the late filing as a request for extension/restoration of time.
Extrahierter Entscheid
Yes. In the circumstances, it was excessively formalistic not to regard the submission of 16 June 2008 as a request for extension or relief from default.
Extrahierte Begründung
The deadline for clarification and the postal pickup deadline expired on the same day. The complainant stated that he only received the order late on 16 June and therefore could not act in time. Against that background, the cantonal court should have examined the filing rather than insist rigidly on form.