Pratibha Shah v. R A Realty Ventures Pvt Ltd

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 20th February, 2026 FOR HEARING AND FINAL DISPOSAL :

CHOL/138/2026 in EXAL/4368/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Husrav Sukhia i/b. M. Mulla Associates, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 18.12.2025, rejecting captioned Application under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant made a statement that respondents were served with Chamber Order as per e-filed Affidavit of Service dated 12.02.2026. 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 there was confusion at the end of erstwhile Advocate's Firm and junior Advocate did not inform about compliance of office objections. It is further contended that due to inadvertence, office objections could not be complied with. It is therefore, prayed that captioned Execution Application may be restored to file.

Grounds raised in 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 Execution Application. No prejudice would cause to the respondents since the respondents can contest matter on its own merits. Moreover, substantial justice cannot be denied on technical grounds.

However, it would be just and proper to impose certain cost on the applicant so that the applicant would be diligent in pursuing

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 20th February, 2026 contd....

CHOL/138/2026 in EXAL/4368/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) with captioned Execution Application.

Hence, in the interest of justice, 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.

Upon payment of cost, captioned Execution Application be restored to file and the applicant to remove office objections of Execution Application and get the same registered and/or numbered by filing/ uploading compliance praecipe within two weeks from the date of payment of cost, failing Application to stand rejected for noncompliance of O.S.Rule 986. Date : 20.02.2026 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2026.02.20 18:40:00 +0530 RAJEEV VIJAY ACHARYA