Rupal Unit Gandhi v. Bhupendra Dhirajlal Gandhi

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

19. CHOL/581/2025 IN S(L)/9879/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Mehak Paryani a/w. Mr. Afnan Husain i/b.

M/s. Yna Legal LLP, Advocate for Applicant Mr. Yash Kataria i/b. M/s. Khaitan & Co., Advocate for Defendant P.C. : The present Chamber Order is e-filed by the Applicant for setting aside Order dated 16.01.2024, rejecting captioned Suit under O.S. Rule 986 for non-compliance of office objections. Heard Ld. Advocate for the Applicant. Perused Affidavit in Support of Chamber Order. It is contended therein that vide order dated 16.01.2024, four weeks time was granted to remove office objections. It is contended that Applicant had complied with the office objections. The Advocate on record was under bonafide belief that all the office objections had been complied with. Further, the Advocate attending the matter left the office due to medical emergency. In the meantime, matter got rejected. It is further contended in Affidavit that there is delay of 263 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.

Ld. Advocate for Defendant submits that appropriate order may be passed.

Reasons mentioned in the Affidavit-in-Support appears to be bonafide, and substantial justice cannot be denied on technical grounds. However, inaction on the part of Applicant, needs to be compensated in terms of cost.

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Prothonotary and Senior Master Date : 16th December, 2025 .... Continued : 2 :

In view thereof, delay of 263 days, caused in filing present Chamber Order, is condoned and the present Chamber Order is granted subject to payment of cost of Rs. 2,500/- to be paid by the Applicant to the Defendant, within three working days.

) ) ) ) ) ) ) ) ) ) ) ) ) ) Upon payment of cost, the Applicant to remove office objections on the Suit and get the same registered and/or numbered by uploading / filing compliance praecipe within four weeks from the date of payment of cost, 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 17:37:58 +0530 M N Kadam