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Bombay High CourtIA/5924/2025disposed off

V Rajgopal Partner Of Erstwhile Harishree Enterprises v. Vikas Housing Ltd

2025-10-06Hon'Ble Shri Justice Abhay Ahuja2 pages

903. IA 5924-25 in EXAL 22003-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 5924 OF 2025 IN EXECUTION APPLICATION (L) NO. 22003 OF 2024 V. Rajgopal Partner of Erstwhile Harishree Enterprises ...Applicant V/s.

Vikas Housing Ltd. & Ors.

...Respondents

Mr. Kamlesh Kumar Tiwari, Advocate for the Applicant. Mr. Jitendra Jain i/b Mr. Yogesh Adhia for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

6th OCTOBER, 2025 P.C. :

1.

This Interim Application seeks setting aside of the order dated 19th August, 2025, by which the Execution Application (L) No. 22003 of 2024 was dismissed and to restore the said Execution Application and to declare that the office objections have been duly complied with or allow time to remove office objection, if any, within a period of three weeks.

2.

Mr. Tiwari, learned Counsel appears for the Applicant and submits that since the concerned Court Associate was not having time, Digitally signed by NIKITA YOGESH GADGIL Date:

2025.10.06 15:15:56 +0530 the objections could not be removed and draws this Court's attention to NIKITA YOGESH GADGIL Nikita Gadgil 1/2

903. IA 5924-25 in EXAL 22003-24.doc paragraph 5 of the said Application where it is stated by the Applicant that the dismissal has occurred due to an inadvertent or clerical oversight of the Registry.

3.

Accordingly, before passing any order, this Court will have to give an opportunity to the Registry / Prothonotary & Senior Master to answer the said submissions.

4.

Registry to file a say to the Interim Application within a period of three weeks with copy to the others. Rejoinder to the same in two weeks thereafter with copy to the others.

5.

List on 11th November, 2025.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2