Gundlupet Finances And Investment Pvt Ltd (Assignee Of Debts Of Mundhra Fiscal Servs Pvt. Ltdice) v. Ashok Manubhai Bhagat

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 12th February, 2026 FOR HEARING AND FINAL DISPOSAL :

CHOL/87/2026 in EXAL/243/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Abhayjeet Khairwar a/w. Ms. Shrushti Shetty, Advocate for the applicant.

P.C.:

The present Chamber Order is filed by the applicant for setting aside Order dated 17.07.2025, rejecting captioned Execution Application under O.S.Rule 986 for noncompliance of office objections. Ld. Advocate for the applicant tenders Affidavit of Service dtd. 05.02.2026 and made a statement that respondent no. 2 has unclaimed service and respondent no. 3 has refused to accept service; however, service against respondent no. 1 has been returned as 'Address Not Known'. Statement is accepted.

Affidavit of Service is taken on record. None present for the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that on 19.07.2025, the applicant has removed office objections and thereafter, fresh objections were raised on 22.07.2025, which were not within their knowledge and therefore, matter was rejected.

In fact, on perusal of objections, there is no fresh office objection raised by the department. Therefore, negligency appears to be on the part of applicant in removing office objections. Be that may be, in the interest of justice, captioned Execution Application can be restored to file to give one opportunity to the applicant. Hence, the present Chamber Order is granted as prayed subject to payment of cost of Rs. 2,500/- 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 : 12th February, 2026 contd....

CHOL/87/2026 in EXAL/243/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Account No. 000120110001337, IFSC CODE :

BKID0000001. Chamber Order is signed separately.

Chamber Order is signed separately.

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

Date : 12.02.2026 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2026.02.13 10:48:57 +0530 RAJEEV VIJAY ACHARYA