Yasmin Minoo Crawford v. Freny Jamshed Shroff (Deceased)

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 03rd October, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/399/2024 in TPL/37144/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jayesh Mestry, Advocate for the applicant. P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 28.03.2024, rejecting captioned petition for non-compliance of office objections under O.S.Rule 986.

Heard ld. Advocate for the applicant. Perused Affidavit of the applicant. It is contended that the applicant resides at Chicago, Illinois and also in Mumbai, however, he was in continuous contact with his erstwhile Advocate with respect to captioned Petition, but, erstwhile Advocate failed to comply office objections within stipulated period due to his personal difficulties. It is further contended that at the relevant time, the applicant was not aware about Conditional Order passed in the matter and in the month of June 2024, ld.

Advocate informed him about Conditional Order passed in the captioned petition. In the first week of July 2024, when he visited Mumbai, he engaged present Advocate, who immediately filed present Chamber Order, however, in the meantime, 82 days delay was caused in filing present Chamber Order, which was not intentional. Ld. Advocate for the applicant made a statement that as on date, captioned petition is uncontested. Statement is accepted. Ld. Advocate submits that he will pursue with the captioned Petition diligently if it is restored to file by condoning delay, caused in filing present Chamber Order.

Grounds mentioned in the Affidavit, appear to be genuine and substantial justice cannot be denied on technical grounds. The delay, as above, caused in filing present Chamber Order is explained satisfactorily by the applicant. Therefore, in my opinion, one opportunity is

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 03rd October, 2024 contd....

CHOL/399/2024 in TPL/37144/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) required to be granted to the applicant to pursue with the petition. Hence, the delay of 82 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 three 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 : 03.10.2024 Prothonotary and Senior Master RAJEEV VIJAY ACHARYA RAJEEV VIJAY ACHARYA Date: 2024.10.03 18:44:16 +0530