Bombay High CourtCHOL/272/2025disposed off

Meena Devkumar Gaba v. Ashok Nagpal

2025-07-10Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 10th July, 2025 FOR HEARING AND FINAL DISPOSAL :

) ) ) ) ) Ms. Rachana Kapasi, Advocate for Applicant

38. CHOL/272/2025 in CTS(L)/13378/2023 P.C. : The present Chamber Order is e-filed by the Applicant for setting aside Order dated 05.12.2024, rejecting captioned Caveat under O.S.Rule 986 for non-compliance of office objections.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Affidavit of Service dated 27.06.2025 is already e-filed. Despite service, none present on behalf of Petitioner.

Heard Ld. Advocate for the Applicant. Perused Affidavit in Support to the Chamber Order. It is contended that the Applicant resides in Hong Kong and on 16.05.2023 soft copy of Affidavit in support of Caveat was shared with Advocate over email, however, due to technical issue with e-filing, the Caveat could not be uploaded on the same day i.e. on 16.05.2023. It is further stated that the said Caveat was listed on 05.12.2024. Due to passage of time, listing of Caveat on 05.12.2024 was overlooked and the Caveat came to be rejected. The Applicant, therefore, prays for restoration of the captioned Caveat.

Ld. Advocate for the Applicant submits that she will pursue with the caption Caveat diligently, and prays for restoration of the same by condoning delay of 107 days.

Ld. Advocate was in process of removing office objections. Hence, reasons mentioned in Affidavit appear to be genuine. So also, the Applicant has explained delay caused in filing present Chamber Order satisfactorily. Therefore, delay of 107 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed. .... 2

Prothonotary and Senior Master Date : 10th July, 2025 ..... Continued : 2 :

The Caveatrix to remove office objections on the Petition 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 : 10.07.2025 Prothonotary & Senior Master