Bombay High CourtCHOL/572/2025disposed off

Bharat Vastralaya v. Shri Saibaba Textiles

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. Sumit Mali i/b. M/s. M.D. Mali & Co., Advocate for Applicant

12. CHOL/572/2025 IN EXA(L)/17716/2025 P.C. : The present Chamber Order is taken out by the Applicant for setting aside Order dated 11.09.2025, rejecting captioned Execution Application under O.S.Rule 986 for noncompliance of office objections. Affidavit of Service is already on record. Despite service, none appeared on behalf of Respondent. Heard Ld. Advocate for the Applicant. Perused Affidavit in support of the Chamber Order. It is contended therein that due to personal difficulties and through oversight, the Petitioner failed to take steps to remove office objections and the Execution Application got rejected.

Ld. Advocate for the Applicant submits that now, he will pursue captioned Execution Application diligently and therefore, prays that the present Chamber Order be granted as prayed.

In view of above, I am of the view that one opportunity is required to be given to the Applicant as 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 and signed separately, upon payment of cost of Rs. 5,000/- to 'The Bombay Bar Association's Charitable Trust' to be paid within three working days from the date of uploading of Order.

The Applicant to remove office objections on the Execution Application and get the same registered ..... 2

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

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 Digitally signed by M N Kadam Date:

2025.12.05 13:04:17 +0530 M N Kadam