Hiroaki Gajria v. Sonia Gajria

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 21st March, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/95/2025 in CTSL/18957/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. B. N. Jadhav i/b. Rustamji and Ginwala, Advocate for the applicant.

None present for the respondent.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 13.09.2024, rejecting captioned Caveat under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant submits that the respondent was served with the Chamber Order as per Affidavit of Service dated 05.03.2025, which is filed on record. Despite service, none appeared for the respondent.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that one of the office objections with regard to correction in Cause-Title in the same manner as in the Petition could not be complied with since the respondent/petitioner did not serve copy of petition. Therefore, the applicant has taken search of record and proceedings of the Petition, however, it took sometime. It is further contended that for the same reason, delay of 94 days caused in filing present Chamber Order, which was unintentional. Ld.

Advocate submits that he will pursue with the captioned Caveat diligently if it is restored to file by condoning delay.

Reasons mentioned in the Affidavit by the applicant, remain uncontested for want of resistance on the part of the respondent. Therefore, I do not hesitate to rely on the said reasons for considering present Chamber Order favourably with a view that the

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 21st March, 2025 contd....

CHOL/95/2025 in CTSL/18957/2022 ) ) ) ) ) ) ) ) ) ) ) ) applicant would get one opportunity to pursue with the caveat. Hence, in the interest of justice, delay of 94 days, caused in filing present Chamber Order, is condoned and the present Chamber Order is granted as prayed.

The caveator to remove office objections on the Caveat and get the same registered and/or numbered within two weeks from the date of uploading of order, failing Caveat to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 21.03.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.03.21 16:39:23 +0530 RAJEEV VIJAY ACHARYA