Samina Motlekar v. Neeru Muttreja

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 16th December, 2025 CALLED FOR HEARING AND FINAL DISPOSAL :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Yukta Palne i/b. Ms. Parisha Shah, Advocate for Applicants

11. CHOL/660/2025 IN Mr. M. B. Saraf i/b. M/s. LJ Law, Advocate for Petitioner IA(L)/4980/2025 P.C. : The present Chamber Order is e-filed by the Applicant for setting aside Order dated 18.06.2025, rejecting captioned Interim Application under O.S. Rule 986 for noncompliance of office objections. Affidavit of Service showing service of present Chamber Order is already e-filed.

Heard Ld. Advocate for the Applicant. Perused Affidavit in Support of Chamber Order. It is contended therein that vide order dated 18.06.2025, three weeks time was granted to remove office objections. The Advocate removed all office objections and filed a Compliance Praecipe dated 19.06.2025, which was accepted and reflected as "approved" on e-filing portal. However, subsequent thereto, further office objections were raised. The Junior Advocate neither complied fresh office objections nor he took follow up with the department. The Advocate later left the firm and in the meantime, Interim Application got rejected. It is further contended that due to failure of concerned Advocate and due to inadvertent error of Applicant's part for not taking follow up, office objections remained to be complied.

It is further contended in Affidavit that there is delay of 164 days in filing Chamber Order, which may be condoned and the present Chamber Order .... 2

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

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) may be granted, as grave and irreparable loss will cause to the Applicant.

Ld. Advocate for the Petitioner tendered Affidavit in Reply to the Chamber Order. The same is taken on record. He vehemently opposed for setting aside Order dated 18.06.2025.

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

In view thereof, delay of 164 days, caused in filing present Chamber Order, is condoned and the present Chamber Order is granted as prayed subject to payment of cost of Rs. 5,000/- to the Petitioner, to be paid by the Applicant to the Petitioner, within three days.

Upon payment of cost, the Applicant to remove office objections on the Interim Application and get the same registered and/or numbered strictly within two weeks from the date of uploading of order, failing the Interim Application to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 16.12.2025 Prothonotary & Senior Master Digitally signed by M N Kadam Date:

2025.12.17 11:51:26 +0530 M N Kadam