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Bombay High CourtCHOL/580/2025disposed off

Lokhandwala Kataria Construction Pvt Ltd v. Faisal Sabir Rashid

2025-12-19Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 19th December, 2025 CALLED FOR HEARING AND FINAL DISPOSAL :

18. CHOL/580/2025 IN S(L)/21672/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Karachiwala a/w. Ms. Mehak Paryani a/w. Mr. Afnan Husain i/b. M/s. Yna Legal LLP, Advocate for Applicant P.C. : The present Chamber Order is e-filed by the Applicant for setting aside Order dated 18.06.2025, rejecting captioned Suit under O.S. Rule 986 for non-compliance of office objections. Affidavit of Service showing service of present Chamber Order is e-filed.

Heard Ld. Advocate for the Applicant. Perused Affidavit in Support of Chamber Order. It is contended therein that all office objections in the Suit were complied with on 24.06.2025 and a corrected Plaint alongwith the Compliance Praecipe was uploaded on 24.06.2025, however, technical objection was raised regarding compliance praecipe and Suit needs to be merged as a single document. It is further stated that after filing merged compliance praecipe and the Plaint, the same was approved by the E-filing department on 08.08.2025. However, till then, matter got rejected in view of Order dated 18.06.2025.

It is further contended in Affidavit that there is delay of 76 days in filing Chamber Order, which may be condoned and the present Chamber Order may be granted, as grave and irreparable loss will cause to the Applicant.

Reasons mentioned in the Affidavit-in-Support appears to be bonafide, and substantial justice cannot be denied on technical ground. Further, all office objections have been complied with. In view thereof, delay of 76 days, caused in filing present Chamber Order, is condoned and the .... 2

Prothonotary and Senior Master Date : 19th December, 2025 ..... Continued : 2 :

present Chamber Order is granted as prayed.

) ) ) ) ) ) ) Applicant to get the Suit registered and/or numbered within one week from the date of uploading of order, failing the Suit to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 19.12.2025 Prothonotary & Senior Master Digitally signed by M N Kadam Date:

2025.12.19 17:36:09 +0530 M N Kadam