Bharatiya Vidya Bhavan v. Sssc Escatics Private Limited (Formerly Known As Shree Sai Sagar Consultants) And 5 ORS
Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 24th September, 2025 FOR DIRECTION :
CHOL/417/2025 in SL/39023/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Anish Shahapurkar i/b. Prerna Gandhi, Advocate for the applicant.
P.C.:
The present Chamber Order is taken out by the applicant for setting aside Order dated 24.04.2025, rejecting captioned Suit under O.S.Rule 986 for non-compliance of office objections.
Ld. Advocate for the applicant made a statement that the respondents were served with the Chamber Order as per Affidavit of Service dated 20.09.2025, filed on record. Statement is accepted. 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 the applicant was in process of removing office objections with regard to illegible documents and translation of voluminous documents, however, same could not be complied with within stipulated period. Ld. Advocate for the plaintiff submits that delay of 76 days caused in filing present Chamber Order, which was not intentional. He further submits that now he will pursue with captioned Suit diligently if it is restored to file and prays for restoration of captioned Suit by condoning delay.
Contentions raised in the Affidavit, remain uncontested for want of resistance on the part of respondents. Hence, I do not hesitate to rely on the same for the purpose of restoration of captioned Suit. However, it would be just and proper to impose certain cost upon the applicant so that in future, he will be more vigilant in pursuing with captioned Suit. Hence, in the interest of justice, delay of 76
2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 24th September, 2025 contd....
CHOL/417/2025 in SL/39023/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) days caused in filing present Chamber Order is condonded and 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. Chamber Order is signed separately.
Upon payment of cost, the plaintiff to remove office objections of Suit and get the same registered and/or numbered within four weeks, failing Suit to stand rejected for nonremoval of office objections under O.S. Rule 986.
Date : 24.09.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:
2025.09.25 11:02:51 +0530 RAJEEV VIJAY ACHARYA