Western Pre-Fab Limited v. Joana Rose Philomina Miranda Nee Philomina Miranda And 5 ORS

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 23rd October, 2024 FOR HEARING AND FINAL DISPOSAL :

16. CHOL/312/2024 IN S(L)/30579/2023 ) ) ) ) ) ) Mr. Adil Mirza i/b. Mr. Chinmaya Acharya, Advocate for Plaintiff / Applicant Mr. Rushikesh Tondwalkar i/b. Mr. Gaurav Sharma, Advocate for Defendant Nos. 1 to 5 Mr. Aditya Lele, Advocate for Defendant No. 6 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out by the Petitioner / Applicant for setting aside Order dated 27.02.2024, rejecting captioned Suit under O.S.Rule 986 for non-removal of office objections.

Perused Affidavit in support of Chamber Order. It is stated in the Affidavit in support of Chamber Order that office objections could not be removed within time as there were 200 pages to be translated from Marathi to English and 80 pages of non-legible documents were required to be typed. Hence, Ld. Advocate prayed for setting aside conditional order dated 27.02.2024 and restoration of captioned Suit. Affidavit of Service showing service of Chamber Order upon Respondents is already filed on record. Accordingly, today, Advocates for Defendants are present.

Affidavits in Reply filed by Ld. Advocate for Defendant Nos. 1 to 5 and 6, are already on record which are self explanatory.

In my view, said delay in removing office objections needs to be compensated in terms of cost, to which ld. Advocate appearing for the Applicant submits that he is ready to compensate aforesaid delay by depositing cost of Rs. 5,000/- to the Shanti Avedna Sadan, HDFC Bank, Bandra West Branch, Bank A/c. No. 50100558420612, IFSC Code- HDFC0000442 (Contact Nos. 022-26427464 / 022-26451702). Both .... 2

Prothonotary and Senior Master Date : 23rd October, 2024 .... Continued : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the Ld. Advocates for Defendant Nos. 1 to 5 and 6 also consented for restoration of the captioned Suit . Hence, subject to payment of cost of Rs. 5000/- (Rs. Five Thousand Only) to Shanti Avedna Sadan, within two weeks from the date of uploading of the order, the present Chamber Order is granted as prayed and signed separately.

Upon payment of cost, the Plaintiff to remove office objections on the Petition and get the same numbered and/or registered within four 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 : 23.10.2024 Prothonotary & Senior Master