Hitesh Prakash Jain v. Ragini Hitesh Jain

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 18th October, 2025 FOR DIRECTION :

CHOL/550/2025 in SL/16674/2025 with IAL/16680/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Nidhi Chawda i/b. Indira Labde, Advocate for the applicant.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 06.08.2025 r/w. Order dated 03.09.2025, rejecting captioned Suit a/w. Interim Application under O.S.Rule 986 for noncompliance of office objections. Ld. Advocate for the applicant submits that main contesting parties i.e. respondent nos. 1 and 2 are served with the Chamber Order and tenders Affidavit of Service dated 18.10.2025, which is taken on record. Despite service, none appeared for these respondents.

Heard ld. Advocate for the applicant. Perused Affidavit in Support to the Chamber Order, contents of which are self-explanatory. It is contended that office objection with respect to payment of court fees of Rs. Rs. 12,00,000/- could not be complied with since the applicant required reasonable time to arrange the same. Ld. Advocate for the applicant submits that now, the applicant has paid said court fees and the applicant will comply other office objections, if any. Therefore, Ld. Advocate prayed for restoration of captioned Suit alongwith Interim Application.

Ground mentioned in the Affidavit by the applicant, appears to be genuine and substantial justice cannot be denied on technical ground. None present for the served respondents to contents the present Chamber Order. I am of the view of that the applicant should get one opportunity to pursue with the captioned Suit diligently so that it will be heard on its own merits. However, it would be just and proper to impose certain cost upon the applicant so that the applicant would be

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 18th October, 2025 contd....

CHOL/550/2025 in SL/16674/2025 with IAL/16680/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) more diligent in pursuing with captioned Suit and Interim Application. Hence, in the interest of justice, 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 within three office working days. Accordingly, the Chamber Order is signed separately.

Upon payment of cost, the plaintiff to remove office objections of Suit and Interim Application and get the same registered and/or numbered on or before 07.11.2025, failing Suit/Interim Application to stand rejected for non-removal of office objections under O.S. Rule 986.

Date : 18.10.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.10.18 14:50:38 +0530 RAJEEV VIJAY ACHARYA