Kishore Vasudeo Gidwani And 3 ORS v. Jagdish Harchand Punjabi And 11 ORS

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 24th July, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/301/2025 in SL/26880/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Pratik Amin a/w. Ms. Vruanli Girase I/b.

Pratik Amin Associates, Advocate for the applicants.

Ms. Sharva Patel i/b. Little and Company, Advocate for defendant nos. 1, 2, 15 and 16.

P.C.:

The present Chamber Order is taken out by the applicants for setting aside Order dated 03.04.2025, rejecting captioned Suit under O.S.Rule 986 for non-removal of office objections.

Ld. Advocate for the applicanst Affidavit of Service dated 24.07.2025, which is taken on record. Despite service, none appeared for defendants, save and except defendant nos. 1, 2, 15 and 16.

Heard ld. Advocate for the applicants. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that office objections pertain to legible/translated and typed copies of certain documents which are from 1980's and therefore, the applicants tried to obtain the clear copy of the same but same was not available. It is further contended that when clerk of Advocate visited department for removing office objections, at that time, record and proceeding was sent to other department for scanning purpose, therefore, it was not made available. Ld. Advocate for the applicants submits that now they will pursue captioned Suit diligently once it is restored to file.

Ld. Advocate for defendant nos. 1, 2, 15 and 16 opposed present Chamber Order and submitted for passing suitable orders.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 24th July, 2025 contd....

CHOL/301/2025 in SL/26880/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Grounds raised on Affidavit, appear to be bonafide and substantial justice cannot be denied on technical ground. In my view, no prejudice would cause to the defendants if captioned Suit is restored to file since they can contest the suit on its own merits. In view thereof, the present Chamber Order is granted as prayed and signed separately.

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

Date : 24.07.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.07.24 17:36:52 +0530 RAJEEV VIJAY ACHARYA