Mulchand Sampatraj Shah v. Hozefa Nljruddin Soni

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 09th January, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/240/2024 in APPL/27905/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. P. R. Moses, Advocate for the applicant.

Mr. Rishabh Ranka i/b. Kanga and Company, Advocate for respondent nos. 4 to 9.

P.C.:

The present Chamber Order is filed by the applicants for setting aside Order dated 07.02.2024, rejecting captioned Appeal under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate appearing for the applicants submits that respondents were served with the Chamber Order as per Affidavit of Service, which is on record. However, none present for and on behalf of respondent nos. 1 to 3 and 10.

Perused Chamber Order, Affidavit and Additional Affidavit in Support of the Chamber Order. Heard ld. Advocates appearing for the applicants and respondent nos. 4 to 9.

Ld. Advocate for the applicants submits that office objections involved objection with regard to translation of vernacular documents to English language and there was website issue, therefore, he could not get said office objection removed within extended period of time and therefore, seeks setting aside of Order dated 07.02.2024, which was extended till 28.03.2024 by Order dated 29.02.2024, by allowing this Chamber Order.

In reply, ld. Advocate appearing for respondent nos. 4 to 9 submits that the reason putforth by the applicants for restoration of the captioned Appeal by setting aside Orders as aforesaid, is not bonafide and therefore, seeks rejection of the Chamber Order.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 09th January, 2025 contd....

CHOL/240/2024 in APPL/27905/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) I have considered submissions as canvassed by ld. Advocates appearing for the applicants and respondent nos. 4 to 9. The reasons appear to be bonafide and an opportunity to contest the matter on merits needs to be given to the applicants. Hence, the present Chamber Order needs to be allowed by condoning delay of 10 days, caused in filing present Chamber Order. In view thereof, 10 days delay, caused in filing present Chamber Order, is condoned and Chamber Order is allowed with no order as to costs.

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

Date : 09.01.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.01.09 17:50:36 +0530 RAJEEV VIJAY ACHARYA