Ananda Shantaram More v. Manchal Ashok Darne

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 05th March, 2026 FOR DISMISSAL :

CHOL/121/2026 in EXAL/19793/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Aparna Wagle, Advocate for the applicant. P.C.:

The present Chamber Order is filed by the applicant for setting aside Order dated 20.09.2025, rejecting captioned Application under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant made a statement that respondent was served with the Chamber Order as per Affidavit of Service filed on 25.02.2026. Statement is accepted.

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 Advocate was not aware about conditional order passed in the matter due to which office objections could not be removed in given time. It is contended in Additional Affidavit in Support that delay of 13 days caused in filing present Chamber Order, which was not intentional. Therefore, it is prayed present Chamber Order may be allowed by condoning delay.

Contentions raised in Affidavit and Additional Affidavit remain uncontested for want of resistance on the part of respondent.

Therefore, I do not hesitate to rely on the same for the purpose of restoration of captioned Execution Application with a view that the applicant should get one opportunity to pursue with the Application. No prejudice would cause to the respondent since respondent can contest Application on its own merits. However, it would be just and proper to impose certain cost on the applicant so that he would be diligent in pursuing with

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 05th March, 2026 contd....

CHOL/121/2026 in EXAL/19793/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) captioned Application. Office informed that there is delay of 11 days caused in filing present Chamber Order. Hence, in the interest of justice, delay of 11 days caused in filing Chamber Order is condoned and present Chamber Order is granted as prayed subject to payment of Rs. 2,500/- to 'The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India, Mumbai (Main) Branch, Account No. 000120110001337, IFSC CODE :

BKID0000001. 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 compliance praecipe within two weeks from the date of payment of cost, failing Application to stand rejected for non-commercial of office objections under O.S.Rule 986.

Date : 05.03.2026 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2026.03.06 10:41:11 +0530 RAJEEV VIJAY ACHARYA