Harish Amrutlal Kakkad v. Bindu Mukesh Ruparelia And ANR

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 5th August, 2024 FOR DIRECTIONS :

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CHOL/280/2024 IN APP(l)/28163/2023 ) ) ) ) ) ) Ms. Hetta Sagar i/b. Mr. Piyush Shah, Advocate for Appellant Mr. Rajesh Vanzara i/b. M/s. S.K. Legal Associates, Advocate for Respondent ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out by the Appellant / Applicant for setting aside Order dated 07.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections. Ld. Advocate for the applicant tenders Additional Affidavit in support of Chamber Order, which is taken on record.

Heard Ld. Advocates for Appellant and Respondents. Perused Chamber Order and Affidavit and Additional Affidavit in Support of the Chamber Order alongwith Exhibits.

It is contended In Para 2 of Affidavit in support of Chamber Order that most of the office objections have been complied with and only objection remaining is translation of documents. It is further stated that they are in process of translating 287 pages which are in vernacular language. Due to these circumstances, office objections could not be complied within time as per Order dated 07.02.2024 passed by this Authority.

Ld. Advocate for Respondent submits that suitable order may be passed in the present Chamber Order. .... 2

.... Continued Prothonotary and Senior Master Date : 5th August, 2024 : 2 :

Upon hearing submissions of Ld.

Advocate for Petitioner and considering grounds put forth in the Affidavit for restoration of the Appeal, I am of the view that matter was on lodging number and due to non-removal of office objections, same was rejected under O.S. Rule 986 and hence, Appellant should get one opportunity to pursue with the captioned Appeal diligently. Hence, the present Chamber Order is granted as prayed and signed separately.

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

Date : 05.08.2024 Prothonotary & Senior Master