Grace Fernandes And 2 ORS v. Christopher Pavey And ANR

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 16th January, 2026 FOR HEARING AND FINAL DISPOSAL :

CHOL/10/2026 in SL/30364/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Priyanka Ghosh i/b. Solicis Lex, Advocate for the applicant.

P.C.:

The present Chamber Order is filed by the applicant for setting aside Order dated 28.11.2025, rejecting captioned Suit under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant made a statement that respondents were served with the Chamber Order and Affidavit of Service is filed. Despite service, none appeared for the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that Advocate was not aware about Conditional Order passed in captioned Suit due to which office objections could not be removed within given time. Ld. Advocate submits that now she will pursue with captioned Suit diligently and prays for restoration of the same.

Considering contentions raised in Affidavit, I am of the opinion that applicant should get one opportunity to pursue with captioned Suit. Moreover, none appeared for the respondents.

No prejudice would cause to the respondents since they can contest Suit on its own merits. However, it would be just and proper to impose certain cost on the applicant so that the applicant would be more diligent in pursuing with captioned Suit. Hence, in the interest of justice, present Chamber Order is granted as prayed subject to payment of cost of Rs. 2,500/-, to be paid to The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India, Mumbai (Main) Branch,

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 16th January, 2026 contd....

CHOL/10/2026 in SL/30364/2025 ) ) ) ) ) ) ) ) ) ) ) ) Account No. 000120110001337, IFSC CODE :

BKID0000001. Chamber Order is signed separately.

Upon payment of cost, captioned Suit be restored to file and the plaintiff to remove office objections of Suit and get the same registered and/or numbered by filing/ uploading compliance praecipe within two weeks from the date of payment of cost, failing Suit to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 16.01.2026 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2026.01.17 10:49:23 +0530 RAJEEV VIJAY ACHARYA