Bombay High CourtCHOL/354/2025disposed off

Arata Izumi v. Arun Khambolja

2025-08-05Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 05th August, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/354/2025 in CTSL/4896/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Meenaz Kakalia, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 08.05.2025, rejecting captioned Caveat under O.S.Rule 986 for non-removal of office objections.

Ld. Advocate for the applicant submits that respondents were served with the Chamber Order as per Affidavit of Serviced dated 28.07.2025. 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 objections were complied with, however, due to summer vacation, clerk did not take follow up of the matter and after completion of vacation, it is informed by the department that papers were not traceable. However, in the meantime, captioned Caveat got rejected for non-compliance of office objections.

Since none appeared for the respondents, contentions raised in Affidavit remain uncontested. It seems that the applicant had taken efforts to remove office objections. Therefore, in my view, one opportunity is required to be given to the applicant. No prejudice would cause to the respondents since they can contest matter on its own merits. Hence, in the interest of justice, the present Chamber Order is granted as prayed.

The caveatrix to remove office objections on the Caveat and get the same registered and/or numbered within a week from the date of

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 05th August, 2025 contd...

CHOL/354/2025 in CTSL/4896/2025 ) ) ) ) ) uploading of order, failing Caveat to stand rejected for non-compliance of office objections under O.S.Rule 986..

Date : 05.08.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.08.06 10:45:34 +0530 RAJEEV VIJAY ACHARYA