Radha Vishweshwar Co Operative Housing Society Limited A Wing Through Its Chairman Mr Manoj Vayani v. New Bansi Park Co Operative Housing Society Ltd Through Its Chairman Mr Manoj Mota

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 9th May, 2025 FOR HEARING AND FINAL DISPOSAL :

29. CHOL/229/2025 in S(L)/33465/2023 ) ) ) ) ) Ms. Sharmili Mhatre i/b. M/s. Mhatre & Associates, Advocate for Plaintiff Ms. Vaishali Ugale i/b. Ms. Komal Punjabi, Advocate for Respondent No. 7 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is e-filed by the Applicant for setting aside Order dated 06.03.2025, rejecting captioned Suit under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the Applicant submits that Respondents were served with the Chamber Order as per Affidavits of Service, which are on record. Despite service, none appeared for and on behalf of Respondents, save and except Respondent No. 7. Heard Ld. Advocate for the Applicant. Perused Affidavit of the Applicant. It is contended therein that by conditional order dated 06.03.2025, four weeks time was granted to the Applicant to remove office objections. On 29.03.2025, Ld. Advocate had removed all the office objections which were approved on 01.04.2025. However, on 08.04.2025, other office objections were raised, which again were cured by the Plaintiff on 17.04.2025, which were approved on 21.04.2025. Plaintiff, therefore, has requested for restoring the present Suit by granting present Chamber Order.

Ld. Advocate appearing for Respondent No. 7 submits that appropriate order may be passed.

Considering grounds mentioned in the Affidavit of the Applicant, I am of the view that the Applicant has made out a case for restoration of captioned Suit. Reasons mentioned in the Affidavit appear to be genuine and substantial justice cannot be denied on technical grounds. Hence, present Chamber Order is granted as prayed.

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Prothonotary and Senior Master Date : 9th May, 2025 .... Continued : 2 :

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

Date : 09.05.2025 Prothonotary & Senior Master Digitally signed by M N Kadam Date:

2025.05.09 18:34:00 +0530 M N Kadam