Vineet Jain v. K. M. M. Prasanna

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 5757 OF 2025 IN INTERIM APPLICATION (L) NO. 10385 OF 2025 Vineet Jain ...Applicant V/s.

K. M. M. Prasanna

...Respondent

Mr. Swaraj Jadhav for the Applicant.

Mr. Saurabh Arora i/b DSK Legal for the Plaintiff.

CORAM

:

ABHAY AHUJA, J.

DATE :

26th NOVEMBER, 2025 P.C. :

1.

This Interim Application seeks restoration of the Interim Application (L) No. 10385 of 2025 by the Defendant No.3 that came to be dismissed by a self operative order of this Court. 2.

Mr. Jadhav, learned Counsel appears for the Applicant-Defendant No.3 and submits that vide order dated 10th July, 2025, this Court had directed the Applicant to remove office objections and obtain registered number within a period of two weeks, failing which the Interim Application would stand dismissed without further reference to the Court. Mr. Jadhav submits that despite diligent efforts and follow up with the department so as to comply with the directions of the Court, by NIKITA YOGESH GADGIL Date:

2025.11.26 18:04:17 +0530 1/3 NIKITA YOGESH GADGIL

the office objections were formally raised only in the late hours of 22nd July, 2025 and consequently the Applicant was left with merely one day to comply with the said office objections. Mr. Jadhav submits that despite sincere efforts made to comply the office objections could not be removed in that one day's time and in view of the self operative order dated 10th July, 2025, the Interim Application stood automatically dismissed.

3.

Mr. Jadhav submits that the non-compliance was neither deliberate nor intentional but occurred solely due to inadvertent circumstances beyond control of the Applicant. Mr. Jadhav submits that if the Interim Application is not restored, the rights of the Applicants would be gravely prejudiced and the Applicant would suffer immensely. 4.

Mr. Arora, learned Counsel appears for the Respondent/Plaintiff and leaves it to the orders of this, however, submitting that costs be imposed in the matter which may be given to charitable purposes. 5.

Having heard the learned Counsel and having considered the submissions, this Court is of the view that subject to payment of costs of Rs. 10,000/- to the Bombay Panjarapole, within a period of two 2/3

weeks, the delay in filing the Application is condoned and the Interim Application (L) No. 10385 of 2025 is restored to file. 6.

Let objections now be removed no later than two weeks and registered number be obtained. The Interim Application is allowed and disposed in the above terms.

7.

Subject to obtention of registered number, let the restored Interim Application be listed on 12th December, 2025. (ABHAY AHUJA, J.) 3/3