Messr. Vijay Cotton And Fibre Co And ORS v. The Maharashtra State Co-Operative Cotton Growers Marketing Federation Ltd And ORS

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 9th September, 2025 FOR HEARING AND FINAL DISPOSAL :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Darpan Gupta i/b. Mr. Ashwin Sakolkar, Advocate for Applicant

20. CHOL/379/2025 IN EXA(L)/33434/2022 P.C. : The present Chamber Order is taken out by the Applicant for setting aside Order dated 08.07.2024, rejecting captioned Application under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the Applicant tenders Affidavit of Service. Same is taken on record.

Heard Ld. Advocate for the Applicant. Perused Affidavit in Support of the Chamber Order. It is contended therein that in view of order dated 08.07.2024, Applicant tried to comply some of the office objections. However, he was unable to comply all office objections within time and hence, Execution Application stood rejected. It is further averred that the Applicant came to know about rejection of Execution Application two weeks later and hence, there is delay in taking out Chamber Order.

Ld. Advocate for the Applicant submits that delay, as above, caused in present Chamber Order was unintentional and it may be condoned and captioned Application may be restored to file. Reason mentioned in the Affidavit, seem to be bonafide. Therefore, the Applicant should get one opportunity to pursue with the captioned Execution Application.

In view thereof, delay of 147 days, caused in filing present Chamber Order, is condoned and the present Chamber Order is granted as prayed subject to payment of cost of Rs. 5,000/-, to be paid to .... 2

Prothonotary and Senior Master Date : 9th September, 2025 .... Continued : 2 :

the 'The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India Mumbai (Main) Branch, Account No. 000120110001337, IFSC Code : BKID0000001, within three working days i.e. on or before 12.09.2025. The Chamber Order is signed separately.

) ) ) ) ) ) ) ) ) ) ) ) ) ) Upon payment of cost as mentioned above, the Applicant to remove office objections on the Execution Application and get the same registered and/or numbered within two weeks from the date of payment of cost, failing the Execution Application to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 09.09.2025 Prothonotary & Senior Master Digitally signed by M N Kadam Date:

2025.09.10 13:15:07 +0530 M N Kadam