Bombay High CourtCHOL/482/2025disposed off

Sajjad Bhayani v. Mohib Aiz Bhayani

2026-01-20Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 20th January, 2026 CALLED FOR HEARING AND FINAL DISPOSAL :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Swapan Samdani, Advocate for Applicant 6.

CHOL/482/2025 in P.C. : The present Chamber Order is e-filed by the Applicant for setting aside Order dated 20.08.2024, rejecting captioned Petition under O.S. Rule 986 for non-compliance of office objections.

ARBP(L)/12195/2023 Ld. Advocate for the Applicant submits that he has e-filed Affidavit of Service showing service of Chamber Order upon other side.

Despite service, none appeared for and on behalf of the Respondents.

Heard Ld. Advocate for the Applicant. Perused Affidavit in support of the Chamber Order. It is contended therein that the Petitioner is having a special child and for the said purpose he had to leave India. Due to said reasons, there was a communication gap between him and his Advocate and also, legible copies of the documents could not be supplied to the Advocate. Further, there is a procedure followed in Canada before the Commissioner of oaths. Hence, Petitioner has prayed that the present Chamber Order be granted as he was busy with his child's health and other things which were needed to be arranged in another Country.

Ld. Advocate for the Applicant submits that he will pursue with the captioned Petition diligently and therefore, prays that present Chamber Order may be allowed by condoning delay of 180 days caused .... 2

Prothonotary and Senior Master Date : 20th January, 2026 ..... Continued : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) in filing present Chamber Order.

Reasons mentioned in the Affidavit in Support appears to be bonafide, and substantial justice cannot be denied on technical grounds. Hence, the present Chamber Order is granted as prayed. The Petitioner to remove office objections on the Petition and get the same registered and/or numbered 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 : 20.01.2026 Prothonotary & Senior Master by Kadam M.N.

Date:

2026.01.21 14:30:25 +0530 Kadam M.N.