Nagrik Ekta Seva Sangh (Reg.) v. Mumbai Slum Improvement Board

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 30th September, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/418/2025 in WPL/18940/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. H. Singh i/b. R. B. Singh, Advocate for the applicant.

Ms. Manisha Gawde, A.G.P for respondent no.

3.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 21.03.2024 r/w. 12.04.2024, rejecting captioned Petition under O.S.Rule 986 for noncompliance of office objections. Ld. Advocate for the applicant made a statement that respondent is served with the Chamber Order and affidavit of service is filed on record. Despite of service, none appeared for the respondents, save and except, respondent no. 3.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that the applicant was in process of placing matter before the Hon'ble Court, so also, the applicant was in process of removing office objections. But in the meantime, time granted for removing office objection got expired. Ld. Advocate submits that now he will diligently pursue with the captioned Petition if it is restored to file and prays for restoration of captioned Petition by condoning delay of 78 days caused in filing present Chamber Order since it was unintentional.

Ld. A.G.P for respondent no. 3 submits for passing suitable orders.

Considering grounds raised in the Affidavit, I am of the view that the applicant has made out a case for restoration of captioned Petition.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 30th September, 2025 contd....

CHOL/418/2025 in WPL/18940/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Moreover, none appeared for the respondents, save and except respondent no. 3, to resist present Chamber Order. Hence, I consider present Chamber Order favourably. However, in the interest of justice, it would be just and proper to impose certain cost with a view that the applicant should be more vigilant in pursuing with captioned Petition. Hence, in the interest of justice, delay of 78 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed subject to payment of cost of Rs. 5,000/- to 'The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India, Mumbai (Main) Branch, Account No.

000120110001337, IFSC CODE :

BKID0000001, within two working days.

Chamber Order is signed separately.

Upon payment of cost, the petitioner to remove office objections of Petition and get the same registered and/or numbered within two weeks, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 30.09.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.10.01 10:45:24 +0530 RAJEEV VIJAY ACHARYA