Miami Residents Co-Op Housing Society Ltd v. Kanakia Spaces Realty Private Limited

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 02nd December, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/653/2025 in IAL/12459/2023 in S/174/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Simran Wagle i/b. Uma Wagle, Advocate for the applicant.

Mr. Manav Chetwani i/b. RMG Law Associates, Advocate for respondents/defendants.

P.C.:

The present Chamber Order is filed by the applicant for setting aside Order dated 17.10.2025, rejecting captioned Interim Application under O.S.Rule 986 for noncompliance of office objections. Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that the applicant was not aware about Conditional Order passed in the matter and on 12.11.2025, when matter was fixed before the Hon'ble Court, the applicant came to know about said Order. Therefore, due to lack of knowledge, the applicant could not remove office objections within given time. It is further contended that as of now, all office objections have been duly complied with. It is therefore, prayed that present Chamber Order may be allowed as prayed.

Ld. Advocate for the defendants submits for passing suitable orders in the matter.

Reasons put-forth in the Affidavit, appear to be genuine and substantial justice cannot be denied on technical ground. So also, I am the view that the applicant should get one opportunity to pursue with the caption Application. Accordingly, in my view, the applicant has made a case for restoration of captioned Application. Hence, the present Chamber Order is granted as prayed and signed separately.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 02nd December, 2025 contd....

CHOL/653/2025 in IAL/12459/2023 in S/174/2025 ) ) ) ) ) ) ) The applicant to remove office objections on Interim Application and get the same registered and/or numbered within two weeks from the date of uploading of order, failing Interim Application to stand rejected for noncompliance of Office objections under O.S.Rule 986.

Date : 02.12.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.12.02 18:01:52 +0530 RAJEEV VIJAY ACHARYA