Vile Parle Prem Nagar Sra Co-Operative Housing Society And 4 ORS v. Municipal Corporation Of Greater Mumbai And 2 ORS

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 30th September, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/419/2025 in WPL/32467/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Smeet Sava i/b. Prerna Gandhi, Advocate for the applicant.

None present for respondents.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 29.04.2025, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant made a statement that respondents are served with the Chamber Order and affidavit of service is filed on record. Despite of service, none appeared for the respondents, save and except, respondent no. 3.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that the the applicant was in process of removing office objections by obtaining better photocopies and/or typed copies of illegible documents, English translation copies of documents. Since volume of documents was substantial it took considerable time. Further, by the end of 2nd week of May 2025, the applicant obtained copies of English translation, however, time granted to remove office objections got expired before filing of compliance praecipe. It is further contended that delay of 31 days caused in filing present Chamber Order, was not intentional and therefore, prayed that captioned Petition may be restored to file by condoning said delay.

Considering grounds raised in the Affidavit, it transpires that the applicant had taken efforts to comply office objections. Therefore, one

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 30th September, 2025 contd....

CHOL/419/2025 in WPL/32467/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) opportunity is required to be given to the applicant. Hence, I consider present Chamber Order favourably. However, in the interest of justice, it would be just and proper to impose certain cost with a view that the applicant should be more vigilant in pursuing with captioned Petition. Hence, in the interest of justice, delay of 31 days caused in filing present Chamber Order is condoned 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, within two working days.

Chamber Order is signed separately.

Upon payment of cost, the petitioner to remove office objections of Petition and get the same registered and/or numbered within two weeks, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 30.09.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.10.01 10:45:48 +0530 RAJEEV VIJAY ACHARYA