Rexon Infra Project Pvt Ltd v. Oshiwara Mhada Gaondevi Complex Co Op Housing Association Ltd

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 08th January, 2026 FOR HEARING AND FINAL DISPOSAL :

CHOL/526/2025 in EXAL/1929/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Siddhi Patil i/b. Mahajan Sahil, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 17.07.2025, rejecting captioned Execution Application under O.S.Rule 986 for noncompliance of office objections. Ld. Advocate for the applicant made a statement that Affidavit of Service dated 06.01.2026, filed on 07.01.2026, shows that respondent nos. 2 to 4, 6 and 7 were served, however, service with respect to respondent nos. 1 and 5 is returned as 'Unclaimed'. 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 Advocate for the applicant was not aware about order passed in the captioned Application.

Therefore, office objections could not be removed within given time. It is therefore, prayed that captioned Application may be restored to file.

Grounds mentioned in Affidavit, remained uncontested for want of resistance on the part of respondents. I am of the view that the applicant should get one opportunity to pursue with captioned Application. Hence, I consider present Chamber Order favourably. However, it would be just and proper to impose certain cost on the applicant, so that, the applicant would be diligent in pursuing captioned Application. Hence, in the interest of justice, subject to payment of cost of Rs. 2,500/- to 'The High Court Employees Medical Welfare

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 08th January, 2026 contd....

CHOL/526/2025 in EXAL/1929/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Fund at Mumbai' - Bank of India, Mumbai (Main) Branch, Account No.

000120110001337, IFSC CODE :

BKID0000001, the present Chamber Order is granted as prayed.

Upon payment of cost, captioned Execution Application be restored to file and the applicant to remove office objections of Application and get the same registered and/or numbered by filing/uploading compliance praecipe within two weeks from the date of payment of cost, failing Application to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 08.01.2026 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2026.01.09 11:09:44 +0530 RAJEEV VIJAY ACHARYA