Vidyadeep Education Sanstha Through Its Chairman Mr. Suresh S. Lakhan And 15 ORS. v. Vivek Education Society Through Its Chairman Mr. Vivek Jagannath Thorat And 20 ORS.

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 24th July, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/336/2024 in WPL/23866/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Samidha Padwal i/b. Manoj Harit and Company, Advocate for the applicant.

Ms. Manisha Gawde, A.G.P for respondent nos. 1 to 3.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 05.02.2024, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Ld. Advocate for the applicant submits that respondents were served with the Chamber Order as per Affidavit of Service dated 02.08.2024 filed on record. Despite service, none appeared for respondents, save and except respondent nos. 1 to 3.

Ld. Advocate for the applicant tenders Additional Affidavit stating therein that petitioner nos. 06 to 15 are not pursuing the present Petition, therefore, their names of from the array of petition may be deleted since it will not prejudice rights of remaining petitioners. Said Affidavit is taken on record. In view of said Additional Affidavit, Affidavit in Support dated 13.02.2025 is taken into consideration for the purpose of present Chamber Order.

Heard ld. Advocate for the applicant. Perused Affidavit in Support dated 13.02.2025, contents of which are self-explanatory. It is contended that translation of bulky Marathi documents took more time, so also, delay is caused due to inadvertent mistake on the part of junior Advocate. It is further contended that now translation of documents is ready with the applicant and therefore, it is prayed

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 24th July, 2025 contd....

CHOL/336/2024 in WPL/23866/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) that captioned Petition may be restored to its original file.

Ld. A.G.P for respondent nos. 1 to 3 submitted for passing suitable orders.

Grounds raised on Affidavit, appear to be bonafide and substantial justice cannot be denied on technical ground. In my view, the applicant had taken efforts to remove office objections, but for the reasons stated above, office objections could not be complied with within given time. However, it would be just of proper to impose certain cost on the applicants for the purpose of condoning delay of 120 days caused in filing present Chamber Order with a view that henceforth, the applicants will be more diligent in pursuing captioned Petition once it is restored to its original file. Hence, delay of 120 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed subject to payment of cost of Rs. 2,500/- to 'The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India, Mumbai (Main) Branch, Account No.

000120110001337, IFSC CODE :

BKID0000001. Accordingly, the Chamber Order is signed separately.

The petitioner to remove office objections on the Petition and get the same registered and/or numbered within a week from the date of payment of cost, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 24.07.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.07.24 17:37:14 +0530 RAJEEV VIJAY ACHARYA