Ajay Ramavtar Pathak v. Arun Ramavtar Pathak

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 10th February, 2026 FOR HEARING AND FINAL DISPOSAL :

CHOL/734/2025 in APPL/36663/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Narayan Mishra i/b. Law Competere Consults, Advocate for the applicant.

P.C.:

The present Chamber Order is filed by the applicant for setting aside Order dated 22.09.2025, rejecting captioned Appeal 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 as per Affidavit of Service dated 03.02.2026 filed on record. Statement is accepted. 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 Advocate, who was on record, did not attend the matter, therefore, office objections could not be complied with within given time. It is further contended that thereafter, the applicant engaged present Advocate, however, on 01.12.2025 papers were received from earlier Advocate due to which delay of 16 days caused in filing present Chamber Order. Ld.

Advocate submits that he will pursue with captioned Appeal diligently and prays for restoration of the same by condoning delay.

Reasons mentioned in the Affidavit, remain uncontested for want of resistance on the part of respondents. Therefore, I do not hesitate to rely on the same for the purpose of restoration of captioned Appeal. However, delay caused in filing present Chamber Order is required to be compensated by saddling cost so that the applicant would be more diligent in pursuing matter. Hence, in the interest of justice, delay of 16 days caused in filing present Chamber

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 10th February, 2026 contd....

CHOL/734/2025 in APPL/36663/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Order is condoned and present Chamber Order is granted as prayed subject to payment of cost of Rs. 2,500/- 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 Appeal be restored to file and the Appellant to remove office objections of Appeal and get the same registered and/or numbered by filing/ uploading compliance praecipe within two weeks from the date of payment of cost, failing Appeal to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 10.02.2026 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2026.02.11 10:35:12 +0530 RAJEEV VIJAY ACHARYA