Falguni Rasik Shah v. Jagruti Rasik Shah And ORS

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 07th August, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/380/2025 in S/100/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Pooja Yadav i/b. Jaykar and Partners, Advocate for the applicant.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 17.03.2025, rejecting captioned Suit for noncompliance of O.S.Rule 87. 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. 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 due to inadvertence/oversight, the applicant was unaware of the listing of the matter and therefore, no-one was present in the matter. It is further contended that now the applicant engaged new Advocate and prayed for restoration of captioned Suit by condonding delay of 49 days caused in filing present Chambe Order, which was unintentional, otherwise grave prejudice will be caused to the applicant.

Since none appeared for the respondents, contentions raised in Affidavit remain uncontested. In my view, one opportunity is required to be given to the applicant. Hence, I rely on the contentions raised in Affidavit for the purpose of restoration of captioned Suit. However, it would be just and proper to impose certain cost on the applicant so that the applicant will pursue with the captioned Suit diligently. Hence, in the interest of justice, delay of 49 days caused in filing present Chambe Order is condoned and the present Chamber Order is granted as prayed subject to payment of cost of Rs. 5,000/- to

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 07th August, 2025 contd...

CHOL/380/2025 in S/100/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 'The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India, Mumbai (Main) Branch, Account No.

000120110001337, IFSC CODE :

BKID0000001. Accordingly, Chamber Order is signed separately.

The plaintiff to take steps to serve defendants with Writ of Summons within two weeks from the date of payment of cost and file affidavit of service accordingly, failing suit against defendants will be dismissed for noncompliance of O.S.Rule 87. Office to issue fresh Writ of Summons, if required.

Date : 07.08.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.08.07 18:18:40 +0530 RAJEEV VIJAY ACHARYA