Bombay High CourtCHOL/561/2025disposed off

Premal R Desai Through Poa Holder Nishant M Shah v. Leena Nitin Parekh

2025-12-04Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 4th December, 2025 CALLED FOR HEARING AND FINAL DISPOSAL :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sagar Shahani, Advocate for Applicant

11. CHOL/561/2025 IN EXA(L)/25968/2024 P.C. : The present Chamber Order is e-filed by the Applicant for setting aside Order dated 30.04.2025, rejecting captioned Execution Application under O.S.Rule 986 for noncompliance of office objections. Affidavit of Service is already e-filed. Heard Ld. Advocate for the Applicant. Perused Affidavit and Addl. Affidavit in support of the Chamber Order. It is contended there that the office objections included production of original true copies of documents which were in possession of the Applicant Nos. 1 and 2 who are residing at USA and UAE respectively. The Advocate tried to co-ordinate with the Applicants but due to logistical challenges, the said office objections could not be complied with and the Execution Application got rejected. It is averred in Addl. Affidavit that delay of 39 days caused in filing present Chamber Order which may be condoned and Chamber Order may be allowed.

Ld. Advocate for the Applicant submits that now, he will pursue captioned Execution Application diligently and therefore, prays that delay caused in filing present Chamber Order may be condoned and Chamber Order may be allowed.

In view of above, to my mind, reasons mentioned in the Affidavit in Support appears to be bonafide, and substantial justice cannot be denied on technical grounds. Hence, present Chamber Order is granted as prayed upon payment of cost of .... 2

Prothonotary and Senior Master Date : 4th December, 2025 ..... Continued : 2 :

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 to be paid within three working days.

) ) ) ) ) ) ) ) ) ) ) ) The Applicant to remove office objections on the Execution Application and get the same registered and/or numbered within two weeks from the date of payment of cost, failing Execution Application to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 04.12.2025 Prothonotary & Senior Master