Bombay High CourtCHOL/5/2025disposed off

Shruti Surendra More v. Ms Akme Properties

2025-03-06Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 6th March, 2025 FOR HEARING AND FINAL DISPOSAL :

34. CHOL/5/2025 IN Mr. Nimish Achrekar a/w. Ms. Chitra Kawalekar i/b. Mr. Sachin Masurkar, Advocate for Applicant ARBPL/7689/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C.: The present Chamber Order is e-filed by the applicant for setting aside Order dated 20.08.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Affidavit of Service showing service of present Chamber Order is already e-filed. Despite of service, today, none appeared on behalf of Respondents. Heard ld. Advocate for the applicant. Perused Affidavit in Support of the Chamber Order. It is contended in Affidavit in support that conditional Order dated 20.08.2024 was passed in the caption Petition. The Applicant had taken steps to remove all office objections in the Petition, however, time to remove office objections expired and the Petition got rejected. Ld. Advocate therefore, prays for restoration of the Petition.

Ld. Advocate tenders Data Entry of e-filing of the present Chamber Order which shows that Applicant had tried to e-file Chamber Order on 10.10.2024. Therefore, there is no delay in filing the present Chamber Order. Copy of e-filing is taken on record and marked 'X' for identification.

Reasons mentioned in Affidavit appear to be genuine. So also, the applicant had taken steps to remove office objections. Hence, one opportunity is required to be given to the Applicant to pursue with the captioned Petition diligently. Hence, present Chamber Order is granted as prayed.

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.... Continued Prothonotary and Senior Master Date : 6th March, 2025 : 2 :

The petitioner to remove office objections on the Petition and get the same registered and/or numbered within four weeks from the date of uploading of order, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

) ) ) ) ) Date : 06.03.2025 Prothonotary & Senior Master Digitally signed by M.N.

Kadam Date:

2025.03.06 16:56:04 +0530 M.N.

Kadam