Sri. Gurunanak Darbar Borivali A Charitable Trust, Through Its President/Secretary v. Shri. Ramnagar Trust No. 1
Before : Anil H. Laddhad Prothonotary and Senior Master Date : 17th October, 2025 FOR DIRECTIONS :- ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Soyal Khan i/b. Inderpal Singh, Advocate for Applicant Heet Vacchani, Advocate for Defendant No. 5
26. CHOL/491/2025 IN S(L)/15307/2025 P.C. : The present Chamber Order is taken out by the Applicant for restoring the captioned Suit which was rejected vide Order dated 06.08.2025 under O.S.Rule 986 for non-compliance of office objections.
Heard Ld. Advocate for the Applicant. Perused Chamber Order and Affidavit in support of the Chamber Order. It is contended therein that vide conditional Order dated 06.08.2025, Applicant was directed to remove office objections within four weeks. However, due to unavoidable circumstances, office objections could not be removed within time and matter got rejected.
Ld. Advocate for the Applicant submits that Suit is of vital significance not only for Plaintiff Trust but also for its beneficiaries as a centre of religious, spiritual and social welfare activities and the community will suffer grave loss if Suit is not allowed to restore. Therefore, Ld. Advocate prays that present Chamber Order may be allowed.
In view of above, I am of the view that the Applicant has made out a case for restoration of captioned Suit.
In view thereof, the 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, .... 2
Prothonotary and Senior Master Date : 17th October, 2025 .... Continued : 2 :
to be paid on or before 28.10.2025. Chamber Order signed separately.
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Upon payment of cost, the Plaintiff to remove office objections on the Suit and get the same registered and/or numbered on or before 11.11.2025, failing the Suit to stand rejected for non-compliance of office objections under O.S.Rule 986.
After the Suit is numbered, Plaintiff to take steps to serve Defendants with Writ of Summons and file Affidavit of service to that effect on or before next date, failing Suit against Defendants will be dismissed for non-compliance of O.S. Rule 87. Office to issue fresh Writ of Summons. Plaintiff to comply with directions issued vide Practice Note No. 60-A. Liberty is granted to the Plaintiff to serve Defendants by all modes of service including service upon Advocate for Defendants.
Suit is adjourned to 16.01.2026.
Date : 17.10.2025 Prothonotary & Senior Master