Christabel D Souza And 7 ORS v. Asmita Moga Co-Operative Housing Society Ltd And ANR

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 17th October, 2025 FOR DIRECTIONS :- ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Siddharth Wakode, Advocate for Applicant Mr. A.N. Khatri, Advocate for Defendant No. 2

29. CHOL/378/2025 IN S(L)/37956/2024 P.C. : The present Chamber Order is taken out by the Applicant for restoring the captioned Suit which was rejected vide Order dated 24.04.2025 under O.S.Rule 986 for non-compliance of office objections.

Affidavit of Service showing service of Chamber Order upon other side is taken on record.

Heard Ld. Advocate for the Applicant. Perused Chamber Order and Affidavit in support of the Chamber Order. It is contended therein that vide conditional Order dated 24.04.2025, Applicant was directed to remove office objections within four weeks. However, as the Advocate on record was out of town during the court vacation, office objections remained to be removed within time and matter got rejected.

Perused Affidavit in Reply on behalf of Defendant No. 2 which is already filed on record.

In my view, one opportunity is required to be given to the applicant to pursue with the captioned Suit.

In view thereof, the present Chamber Order is granted as prayed subject to payment of cost of Rs. 5,000/- to 'The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India Mumbai (Main) Branch, Account No. 000120110001337, IFSC Code : BKID0000001, to be paid on or before 28.10.2025. Chamber Order signed separately.

.... 2

Prothonotary and Senior Master Date : 17th October, 2025 .... Continued : 2 :

Upon payment of cost, the Plaintiff to remove office objections on the Suit and get the same registered and/or numbered on or before 11.11.2025, failing the Suit to stand rejected for non-compliance of office objections under O.S.Rule 986.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) After the Suit is numbered, Plaintiff to take steps to serve Defendants with Writ of Summons and file Affidavit of service to that effect on or before next date, failing Suit against Defendants will be dismissed for non-compliance of O.S. Rule 87. Office to issue fresh Writ of Summons. Plaintiff to comply with directions issued vide Practice Note No. 60-A. Liberty is granted to the Plaintiff to serve Defendants by all modes of service including service upon Advocate for Defendants.

Suit is adjourned to 09.01.2026.

Date : 17.10.2025 Prothonotary & Senior Master