Dhanpat Muneshwar Tambat v. Sheetal Engale And 12 ORS

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 02nd April, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/266/2024 in WPL/531/2020 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) None present for the applicant.

Ms. Manisha Gawde, A.G.P for respondent nos. 4 and 5.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 21.06.2023, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

As per Affidavit of Service dated 05.02.2025, filed on 12.02.2025, respondents were served with the Chamber Order, however, none appeared for the respondents, save and except, respondent nos. 4 and 5.

Heard ld. Advocate for the applicant. Perused Affidavit / Additional Affidavit in Support, contents of which are self-explanatory. It is contended that office objection with regard to translation of documents, which were complicated in nature, could not be done within given time since financial condition of the applicant was not good and it took sometime to pay bills of translation. It is further contended that for the same reason, delay of 257 days caused in filing present Chamber Order. Therefore, it is prayed that captioned Petition may be restored to file condoning delay.

Ld. A.G.P appearing for respondent nos. 4 and 5 submits for passing suitable orders.

Reason mentioned on oath by the applicant appears to be genuine and substantial justice cannot be denied on technical ground.

Moreover, despite service, respondent nos. 1 to 3 and 6 choose to remain absent in the matter.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 02nd April, 2025 contd....

CHOL/266/2024 in WPL/531/2020 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) In my opinion, the applicant has made out a case for restoration of captioned Petition by condoning delay caused in filing present Chamber Order. Hence, in the interest of justice, delay of 257 days, caused in filing present Chamber Order is condoned and the present Chamber Order is granted as prayed and signed separately.

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 : 02.04.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.04.02 17:29:14 +0530 RAJEEV VIJAY ACHARYA