Anshul Yashpal Aggarwal v. Maya Bharat Patel

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 13th February, 2026 CALLED FOR HEARING AND FINAL DISPOSAL :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Kamlesh Jain i/b. Mr. Yajuvendra Singh, Advocate for Plaintiff / Applicant Ms. Smriti Sajeev i/b. M/s. Mhatre Law Associates, Advocate or Defendant No. 4

17. CHOL/11/2026 IN S/240/2024 P.C. : The present Chamber Order is taken out by the Applicant for setting aside Order dated 02.12.2025, dismissing captioned Suit under O.S. Rule 87 for non-prosecution.

Heard Ld. Advocate for the Applicant. Perused Affidavit in support of the Chamber Order. It is contended that vide Order dated 12.09.2025, three weeks time was granted to the Plaintiff to take steps to lodge and serve Writ of Summons upon payment of cost of Rs. 5,000/- to 'The High Court Employees Medical Welfare Fund at Mumbai' which was required to be paid within three working days. Accordingly, Plaintiff paid cost of Rs. 5,000/- on 15.09.2025 and upon issuance of Writ of Summons, he got the same served through Bailiff of Sheriff of Bombay and Affidavit of Service dated 28.11.2025 was filed. It is further contended that on 02.12.2025, he could not remain present before this Authority as he was held up in another Court. Hence, it is prayed that present Suit may be restored by setting aside Order dated 02.12.2025.

Upon perusal of record it appears that Affidavit of Service dated 28.11.2025 was filed on 03.12.2025. As the Order dated 12.09.2025 is complied, present Chamber Order is granted as prayed and signed separately.

Office to list the Suit before this Authority in due course.

Date : 13.02.2026 Prothonotary & Senior Master