Ratnakar Gutte v. Sudhamati Ratnakar Gutte And ORS

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 22nd August, 2025 FOR HEARING AND FINAL DISPOSAL :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Lavanita Chitalaya a/w. Mr. Harsh Agarwal, Advocate for Applicant

17. CHOL/412/2025 IN WP(L)/21134/2023 P.C. : The present Chamber Order is taken out by the Applicant for setting aside Order dated 08.04.2025, rejecting captioned Petition under O.S. Rule 986 for non-compliance of office objections. Ld. Advocate for the Applicant tenders Affidavit of Service showing service of Chamber Order upon Respondents. Despite service, none appeared for and on behalf of the respondents. Affidavit of Service is taken on record.

Heard ld. Advocate for the Applicant. Perused Affidavit of the applicant. It is contended that last date for removing office objections was 06.05.2025, however, due to unavailability of Advocate on record, extension could not be sought. It is further contended that for the same reason, delay of 26 days was caused in filing present Chamber Order. Ld. Advocate for the applicant submits that now, she will pursue captioned Petition diligently and therefore, prays that delay caused in filing present Chamber Order may be condoned and Chamber Order may be allowed.

In view of above, I find substance in reasons mentioned on oath, as above, by the applicant. Relying on the aforesaid contentions of the applicant, I conclude that the applicant has explained delay, as aforesaid, caused in filing present Chamber Order satisfactorily and made out his case for restoration of captioned Petition. In view thereof, delay of 26 days, caused in filing present Chamber Order, is condoned and the .... 2

Prothonotary & Senior Master Date : 22nd August, 2025 ..... Continued : 2 :

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

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) The petitioner to remove office objections on the 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 office objections under O.S.Rule 986.

Date : 22.08.2025 Prothonotary & Senior Master