Puja Vijay Sukhija v. Veena Shamsundar Jaisingh

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 15th February, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/48/2024 in IA/1967/2020 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Vikas Kumbhar, Advocate for the applicant/org. caveator.

Ms. Vaishnavi Malusare i/b. M. P. Savla and Company, Advocate for the respondent/org. petitioner.

P.C. :

The present Chamber Order is taken out for setting aside Order dated 10.08.2023, rejecting captioned Interim Application under O.S.Rule 986 for non-compliance of office objections.

Heard ld. Advocate for the applicant. Perused Affidavit of the applicant. It is contended that due to negligence of erstwhile Advocate, office objections could not be complied with, within stipulated period. It is further contended that the applicant is a senior citizen and therefore, he was not in a position to attend the matter regularly. Ld. Advocate appearing for the applicant submits that now, he will pursue the matter diligently and prays that present Chamber Order may be allowed.

Ld. Advocate for the petitioner opposes the present Chamber Order on the grounds that captioned Application is of the year 2020 and due to the said Application, she could not pursue the main Petition. Ld Advocate further contends that sufficient opportunity was given to the applicant for removal of office objections, however, the applicant failed to remove the same and therefore, present Chamber Order may be rejected.

Upon hearing both the ld. Advocates for the parties and on going through the contentions raised by the applicant, on oath, I am convinced that the applicant has made out

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 15th February, 2024 contd....

CHOL/48/2024 in IA/1967/2020 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) case for restoration of captioned Interim Application, which was taken out for condonation of delay caused in filing Affidavit in Support of the Caveat. Hence, the present Chamber Order is granted as prayed.

The Applicant to remove office objections on the Interim Application and get the same registered and/or numbered within two weeks from the date of uploading of order, failing Interim Application to stand rejected for noncompliance of office objections under O.S.Rule 986.

At this stage, ld. Advocate for the applicant seeks extension of time to remove office objections in the Caveat (L) No. 72/2020, in which captioned Interim Application No.

1967/2020 was taken out and same is restored to file by this Order.

Perused Minutes of Order dated 01.02.2024 passed by this Authority in CTSL/72/2020 in TP/1561/2018, whereby two weeks time to remove office objections on the caveat and get the same registered and/or numbered was granted.

As the present Chamber Order is allowed, the Caveator to remove office objections on the Caveat (L) No. 72/2020 and get the same registered and/or numbered within a week from the date of disposal of Interim Application no. 1967/2020, failing said Caveat to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 15.02.2024 Prothonotary and Senior Master by RAJEEV VIJAY ACHARYA Date:

2024.02.16 19:02:52 +0530 RAJEEV VIJAY ACHARYA