Simara Foods v. Vardhaman Mehta

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 17th April, 2026 FOR HEARING AND FINAL DISPOSAL :

CHOL/29/2026 in SL/769/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Swapan Samdani, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 16.07.2025, rejecting captioned Suit under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant tenders Affidavit of Service dated 17.04.2026, showing service of Chamber Order upon defendants, which is taken on record. Despite service, none appeared for the defendants.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that the plaintiff is a senior citizen and his colleague is residing out of India due to which clear copies of documents could not be obtained within time. So also, there was communication gatp between the plaintiff and Advocate on record. It is further contended that for the same reasons, delay of 110 days caused in filing present Chamber Order, which was not intentional. Ld. Advocate submits that now he will pursue captioned Suit diligently and prays for restoration of the same by condoning delay. Contentions raised in Affidavit remain uncontested for want of resistance on the part of defendants. Hence, I do not hesitate to rely on the same for the purpose of restoration of captioned Suit. No prejudice would cause to the defendants since they can contest suit on its own merits. In view thereof, in the interest of justice, delay of 110 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 17th April, 2026 contd....

CHOL/29/2026 in SL/769/2025 ) ) ) ) ) ) ) The plaintiff to remove office objections of Suit and get the same registered/numbered by filing/uploading compliance praecipe within four weeks from the date of uploading of order, failing Suit to stand rejected for nonremoval of office objections under O.S. Rule 986.

Date : 17.04.2026 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2026.04.18 11:09:39 +0530 RAJEEV VIJAY ACHARYA