Prafulla Nikhilesh Jhaveri v. Tushar Ramesh Ishwarlal Patel

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 29th April, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/200/2025 in CTSL/29693/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Suyash More, Advocate for the applicant.

None present for the petitioner.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 21.02.2024, 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 22.04.2025. Despite service, none appeared for the respondent/org. petitioner.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that the applicant being senior citizen and residing in USA, it was difficult for him to keep track of the matter. Further, erstwhile Advocate did not inform him about non-compliance of office objections, and thereafter, he engaged new Advocate in the matter. It is further contended that in the meantime, for the said reasons, delay of 354 days caused in filing present Chamber Order. Accordingly, it is further contended that the applicant has a good case on merits and gave prejudice will be caused to him if captioned Caveat is not restored to file. Hence, it is prayed that captioned Caveat may be restored to file by condoning delay.

Reasons cited in the Affidavit appear to be bonafide, so also, same are remained uncontested for want of resistance on the part of respondent. Further, no prejudice would cause to the respondent if captioned Caveat is restored to file since respondent can contest

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 29th April, 2025 contd....

CHOL/200/2025 in CTSL/29693/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) the matter on its own merits once it is restored to file. In view thereof, I consider present Chamber Order favourably. In the interest of justice, the delay of 354 caused in filing present Chamber Order is condoned with no order as to costs and 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 four 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 : 29.04.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.04.29 16:10:49 +0530 RAJEEV VIJAY ACHARYA