Jayalaxmi Trading Company v. Maruti Exports

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 18th December, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/593/2025 in EXAL/2206/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jay Varia, Advocate for the applicant.

P.C.:

The present Chamber Order is filed by the applicant for setting aside Order dated 26.02.2025, rejecting captioned Execution Application under O.S.Rule 986 for noncompliance of office objections. Ld. Advocate for the applicant made a statement that respondent was served with the Chamber Order and Affidavit of Service dated 16.12.2025 to that effect is filed on record on 17.12.2025. Statement is accepted. Despite service, none appeared for the respondent.

Heard ld. Advocate for the applicant. Perused Affidavit in Support and Additional Affidavit in Support, contents of which are selfexplanatory. It is contended that the applicant is a senior citizen of 66 years old and earlier Advocate on record did not pay attention to his case due to which office objections could not be removed within given time, so also, for the same reason, delay of 184 days caused in filing present Chamber Order, which was not intentional. Hence, it is prayed that captioned Execution Application may be restored to file by condoning delay.

Since none present for the respondent, contentions raised in Affidavit remain uncontested. I am of the view that the applicant should not suffer for the fault of Advocate and therefore, he should get one opportunity to pursue with the matter.

Moreover, no prejudice would cause the respondent since they can contest Application on its own merits. However, it would be just and proper to impose certain cost on the applicant so that he would be more diligent in

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

CHOL/593/2025 in EXAL/2206/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) pursuing captioned Application. Hence, in the interest of justice, 184 days delay caused in filing present Chamber Order is condonded and present Chamber Order is granted as prayed subject to payment of cost of Rs. 2,500/-, to be paid to the Bombay Bar Association's Charitable Trust. Accordingly, Chamber Order is signed separately.

Upon payment of cost, captioned Execution Application be restored to file and the applicant to remove office objections of Application and get the same registered and/or numbered by filing/uploading compliance praecipe within two weeks from the date of payment of cost, failing Application to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 18.12.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.12.18 15:47:04 +0530 RAJEEV VIJAY ACHARYA