Om Galaxy Apartments Chs Ltd. v. Raj Doshi Exports Pvt. Ltd And 2 ORS
Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 25th July, 2025 FOR HEARING AND FINAL DISPOSAL :
CHOL/249/2025 in SL/21918/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Rashmi Mishra i/b. Vikas Pandey, Advocate for the applicant.
P.C.:
The present Chamber Order is taken out by the applicant for setting aside Order dated 27.03.2025, rejecting captioned Suit under O.S.Rule 986 for non-removal of office objections.
Ld. Advocate for the applicant tenders Affidavit of Service, showing service of Chamber Order on respondent nos. 2 and 3, which is taken on record. Ld. Advocate submits that respondent no. 1 is already served with the Chamber Order. Despite service, none appeared for the respondents.
Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that office objection with regard to translation of Marathi documents could not be complied with within given time as several documents were illegible, so also, Advocate was having personal difficulty and medical emergency. Ld.
Advocate for the applicant submits that now she will pursue captioned Suit diligently and prays for restoration of the same.
Grounds mentioned on oath, appear to be genuine and substantial justice cannot be denied on technical ground. Moreover, despite service, respondents choose to remain absent in the matter. No prejudice would cause to the respondents if captioned Suit is restored to file since they would get chance to contest the suit on its own merits. Hence, I am of the view that the applicant has made a case for restoration of captioned Suit. Accordingly, the present Chamber Order is granted as prayed and signed separately.
2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 25th July, 2025 contd....
CHOL/249/2025 in SL/21918/2024 ) ) ) ) ) ) ) ) The plaintiff to remove office objections on the Suit and get the same registered and/or numbered within two weeks from the date of uploading of order, failing Suit to stand rejected for non-compliance of office objections under O.S.Rule 986.
Date : 25.07.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:
2025.07.25 16:44:21 +0530 RAJEEV VIJAY ACHARYA