← Library
Bombay High CourtCHOL/377/2025disposed off

Ess Infraproject Pvt Ltd v. M/S Shreeji Construction A Partnership Firm Incorporated Under The Indian Partnership Act 1932

2025-08-20Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 20th August, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/377/2025 in ARBPL/15772/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Rukhsar Ansari h/f. Mhatre Law Associates, Advocate for the applicant.

Mr. Karan Desai i/b. Mehul Shah, Advocate for respondent no. 1.

Mr. Abhishek Nikharge, Advocate for respondent no. 2.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 07.03.2025, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant tenders Affidavit of Service dated 07.08.2025, showing service of Chamber Order upon respondents, which is taken on record.

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 within given time, however, office again raised new objections, which could not be complied with, therefore, captioned Petition got rejected for non-compliance of office objections. It is further contended that delay of 43 caused in filing present Chamber Order since the applicant was out of town, therefore, it is prayed that delay may be condoned and captioned Petition may be restored to file.

Ld. Advocates for respondent nos. 1 and 2 submit for passing suitable orders since matter is almost settled between the parties.

Considering grounds raised in the Affidavit and submissions of ld. Advocates for parties, I

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 20th August, 2025 contd....

CHOL/377/2025 in ARBPL/15772/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) consider present Chamber Order favourably. Hence, in the interest of justice, delay of 43 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed.

The petitioner to remove office objections on Petition and get the same registered and/or numbered within two weeks from the date of uploading of order, failing Petition to stand rejected for non-compliance of O.S.Rule 986.

If respondents have complied with requirements of the petitioner, petitioner is at liberty to move before the Hon'ble Court for appropriate orders.

'

Date : 20.08.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.08.20 16:41:28 +0530 RAJEEV VIJAY ACHARYA