Kalyan Govind Borade v. Agility Infrastructure Pvt Ltd

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 16th January, 2026 FOR HEARING AND FINAL DISPOSAL :

CHOL/716/2025 in SL/38857/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Nidhi Chawda i/b. Indira Labde, Advocate for the applicant.

P.C.:

The present Chamber Order is filed by the applicant for setting aside Order dated 24.04.2025, rejecting captioned Suit under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant made a statement that respondents were served with the Chamber Order and Affidavit of Service is filed. Despite service, none appeared for the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory.

It is contended that circulation was granted of captioned Suit, however, later it was learnt that office objections with respect to typed copy, translation and improper numbering remained to be complied with inadvertently. It is further contended that delay of 40 days caused in filing present Chamber Order, which was not intentional. Ld. Advocate submits that now she will pursue with captioned Suit diligently and prays for restoration of the same by cononding delay.

Contentions raised in Affidavit, remain uncontested for want of resistance on the part of respondents. Moreover, substantial justice cannot be denied on technical ground. I am of the opinion that applicant should get one opportunity to pursue with captioned Suit. No prejudice would cause to the respondents since they can contest Suit on its own merits. However, it would be just and proper to impose certain cost on the applicant so that

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 16th January, 2026 contd....

CHOL/716/2025 in SL/38857/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the applicant would be more diligent in pursuing with captioned Suit. Hence, in the interest of justice, delay of 40 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed subject to payment of cost of Rs. 2,500/-, to be paid to The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India, Mumbai (Main) Branch, Account No.

000120110001337, IFSC CODE :

BKID0000001. Chamber Order is signed separately.

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

Date : 16.01.2026 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2026.01.17 10:50:16 +0530 RAJEEV VIJAY ACHARYA