Rajkot Nagarik Sahakari Bank Ltd v. Sana Mahammadaslam Shaikh

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 22nd July, 2025 FOR DISMISSAL:

CHOL/257/2025 in EXAL/20046/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Richa Shrivastava i/b. Shuklka and Associates, Advocate for the applicant.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 19.03.2025, rejecting captioned Execution Application under O.S.Rule 986 for noncompliance of office objections. Ld. Advocate for the applicant tenders Affidavit of Service, showing service of Chamber Order upon the respondents. It is taken on record. Despite service, none appeared for an on behalf of the respondents. Heard ld. Advocate for the applicant. Perused Affidavit in Support of the Chamber Order of the applicant, contents of which are selfexplanatory. It is contended that office objection with regard to translation of Arbitral Award, which was in vernacular language, could not be removed in time, since translation was done through private translation instead of High Court Department. It is further contended that now the applicant is in process of removing office objections and therefore, it is prayed that captioned Application may be restored to file.

Contentions raised in the Affidavit remain uncontested for want of resistance on the part of respondents. Therefore, I do not hesitate to rely on the same to hold that the applicant has made a case for restoration of captioned Execution Application. However, it would be just and proper to impose cost on the applicant so that he would be more diligent in pursuing captioned Application once it is restored to file. Hence, the present Chamber Order is granted as prayed subject to payment of cost

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 22nd July, 2025 contd....

CHOL/257/2025 in EXAL/20046/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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. Accordingly, the Chamber Order is signed separately.

The applicant to remove office objections on the Execution Application and get the same registered and/or numbered within two weeks from the date of payment of cost, failing Application to stand rejected for noncompliance of office objections under O.S.Rule 986.

Date : 22.07.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.07.23 14:44:52 +0530 RAJEEV VIJAY ACHARYA