Neelam Hariram Mokal And 2 ORS v. Indumati Motiram Mokal And 5 ORS

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 06th August, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/178/2024 in SL/25099/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Shadab Peerzade i/b. Munir Merchant, Advocate for the applicants.

Mr. Tatsat Gor, Advocate for respondent nos. 1 to 5.

P.C.:

The present Chamber Order is taken out by the applicants for setting aside Order dated 13.02.2024, rejecting captioned suit under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicants tenders Affidavit of Service, showing service of Chamber Order upon respondent nos. 2 and 4, which is taken on record.

Heard ld. Advocate for the applicants. Perused Affidavit of the applicant. It is contended that all office objections were complied with, within given period, however, concerned Ld.

Scrutiny Officer raised another objection that compliance praecipe tendered by the ld.

Advocate was not in proper format due to which captioned suit came to be rejected under O.S.Rule 986. Ld. Advocate for the applicants submits that he will comply only office objection with regard to Praecipe, as above, if captioned suit is restored to file. Ld. Advocate for respondent nos. 1 to 5 strongly objects restoration of captioned suit. On going through the contentions raised in the Affidavit of the applicant, it is clear that the applicants had made attempts for compliance of office objections, however, for noncompliance of office objection with regard to compliance praecipe, as above, captioned suit could not be registered. Moreover, ld.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 06th August, 2024 contd....

CHOL/178/2024 in SL/25099/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) Advocate is ready to comply said office objection once captioned suit is restored to file. Therefore, I conclude that the applicant has made out a case for restoration of captioned suit. Hence, the present Chamber Order is granted as prayed and signed separately.

The plaintiffs to remove office objections on the suit and get the same registered and/or numbered within two weeks from the date of uploading of Order, failing suit to stand rejected for non-compliance of O.S.Rule 986.

Date : 06.08.2024 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2024.08.06 17:10:08 +0530 RAJEEV VIJAY ACHARYA