Kundanmal Kothari Deceased Through Leagal Heir Kanchanben Kundanmal Kothari v. Goregaon Jai Bhuvan Co Operative Housing Society Ltd Through Hon Secretary Managing Committee

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 14th January, 2026 FOR HEARING AND FINAL DISPOSAL :

CHOL/460/2025 in ARBPL/26497/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Devendra Tiwari i/b. Law Chamber of Siddharth Murarka, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 07.03.2025, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant made a statement that respondents were served with the Chamber Order and Affidavit of Service is e-filed. 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 office objections were complied with and compliance praecipe was uploaded, which was approved.

Therefore, ld. Advocate was under impression that objections were cured and there is no further objection. It is further contended that on enquiry, it was learnt that office objection with regard to illegible pages of the agreements was not complied with as expected and concerned officer has instructed to comply the same. Ld. Advocate submits that they have made attempts to remove office objections, however, for the aforesaid reasons, captioned Petition could not be numbered.

It is further contended in Affidavit that there is delay of 66 days in filing present Chamber Order, which was caused for the same reasons as explained above. Therefore, it is prayed that captioned Petition may be restored to file by condoning delay of 66 days.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 14th January, 2026 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) contd....

CHOL/460/2025 in ARBPL/26497/2023 Contentions raised in Affidavit, remain uncontested for want of resistance on the part of respondents. Moreover, substantial justice cannot be denied on technical ground. I am of the opinion that applicant should get one opportunity to pursue with captioned Petition. No prejudice would cause to the respondents since they can contest Petition on its own merits. Hence, in the interest of justice, delay of 66 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed.

The petitioner to remove office objections of Petition and get the same registered and/or numbered by filing/uploading compliance praecipe within three 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 : 14.01.2026 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2026.01.16 11:00:00 +0530 RAJEEV VIJAY ACHARYA