Daniel Domnic Vaity And ANR v. Wilson Anton Vaity And 46 ORS

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 13th November, 2024 FOR HEARING AND FINAL DISPOSAL :

15. CHOL/180/2024 IN S(L)/8343/2023 ) ) ) ) ) ) ) ) ) Ms. Sneha Panchmukh i/b. Elixir Legal Services, Advocate for the Plaintiff / Applicant Ms. Priyanka Rane, Advocate for Defendant Nos. 23 to 25 Mr. Sujit Padarat i/b. M/s. ASD Associates, Advocate for Defendant No. 26 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out for restoration of the captioned Suit, which was rejected vide Order dated 05.03.2024 for non- compliance of office objections under O.S. Rule 986.

Affidavits of Service showing service of Chamber Order upon Defendants is already filed on record. Despite service, today, none appeared on behalf of Defendants except Ld. Advocate for Defendant Nos. 23 to 25 and Ld. Advocate for Defendant No. 26. Perused Affidavit in support of Chamber Order. It is stated in the Affidavit in support of Chamber Order that few office objections raised by the Registry have been removed by the Plaintiff. However, office objections with regard to replacing illegible copies with legible copies and other minor objections are still remaining to be complied with. It is further stated that there are multiple pages to be translated and Official translation is yet to be received from the concerned department. Hence, Ld. Advocate prayed for setting aside conditional order dated 05.03.2024 and restoration of captioned Suit.

Ld. Advocate for Defendant No. 26 submits that he has no objection if the present Chamber Order is granted.

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.... Continued Prothonotary and Senior Master Date : 13th November, 2024 : 2 :

Ld. Advocate for Defendant Nos. 23 to 25 vehemently objected for restoration of captioned Suit and submits that suitable order may be passed in the present Chamber Order.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Considering reasons, as above, it transpires that the Applicant had made an attempts to remove office objections, and he is in process of removing office objections. Therefore, in my opinion, one opportunity is required to be given to the Applicant to pursue with the captioned Suit. Hence, the present Chamber Order is granted as prayed and signed separately. Plaintiff to remove office objections on the Suit and get the same numbered and / or registered within three weeks from the date of uploading of the order, failing the Suit to stand rejected for non-removal of office objections under O.S.Rule 986.

Date : 13.11.2024 Prothonotary & Senior Master