Shah And Sejpal Developers v. Win Construction Private Limited

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 28th February, 2025 FOR HEARING AND FINAL DISPOSAL :

36. CHOL/371/2024 IN EXA(L)/2837/2021 ) ) ) ) ) Mr. Shabbir Jariwala i/b. M/s. Thakore Jariwala & Associates, Advocate for Applicant Ms. Purva Basrur i/b. M/s. D.M. Legal Associates, Advocate for Respondent ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out by the Applicant for setting aside Order dated 09.10.2023, rejecting captioned Application under O.S.Rule 986 for non-compliance of office objections.

Heard ld. Advocate for the Applicant. Perused Affidavit in Support and Additional Affidavit to the Chamber Order, explaining delay caused in filing present Chamber Order. It is contended therein that office objections were complied with, however, present Application got rejected for non compliance of office objections. It is contended in Additional Affidavit that the Applicant, being a senior citizen, is not keeping well due to which delay of 155 days is caused in filing present Chamber Order.

Affidavit of Service showing service of Chamber Order is already on record. Accordingly today, Ld. Advocate for the Respondent is present.

Ld. Advocate for Respondent opposed for restoring the present Application as the reasons mentioned in Para No. 4,5 and 6 of Affidavit are vague and not sufficient.

Reason mentioned in the Affidavit-in-Support appears to be bonafide, and substantial justice cannot be denied on technical ground. However, considering objection raised by Ld. Advocate for Respondent, in my view, the same needs to be compensated in terms of cost, to which ld. Advocate .... 2

.... Continued Prothonotary and Senior Master Date : 28th February, 2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) appearing for the Applicant submits that he is ready to compensate by depositing cost of Rs. 5,000/- to the Respondent.

In view thereof, delay of 155 days, caused in filing present Chamber Order, is condoned and the present Chamber Order is granted as prayed subject to payment of cost of Rs. 5,000/-, to be paid to the Respondent within one week from today. The Chamber Order is granted as prayed and signed separately.

Upon payment of cost, the Applicant to remove office objections on the Application and get the same registered and/or numbered within four weeks from the date of payment of cost, failing the Application to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 28.02.2025 Prothonotary & Senior Master M.N.

Kadam by M.N. Kadam Date:

2025.03.01 11:51:21 +0530