Kamla Homes And Lifestyles Private Limited v. Municipal Corporation Of Greater Mumbai And 2 ORS

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 06th May, 2026 FOR HEARING AND FINAL DISPOSAL :

CHOL/357/2026 in WPL/34403/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Viraj Raiyani i/b. AVP Partners, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 07.03.2026, rejecting captioned Petition for non-compliance of office objections under O.S.Rule 986.

Ld. Advocate for the applicant tenders Affidavit of Service, showing service of Chamber Order upon respondents, which is taken on record. Despite service, none appeared for the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit in Support and Additional Affidavit. It is contended that considerable time is required for translation of documents, so also, clear copies of documents were not available. It is further contended that at the relevant time, the applicant was travelling, therefore, Affidavit could not be affirmed. However, now the applicant is in position to comply all objections. Therefore, it is prayed that present Chamber Order may be allowed by condoning delay of 13 days, which was not intentional.

Considering grounds raised in the Affidavit, I am of the view that the applicant has made out a case for restoration of captioned Petition. Moreover, none appeared for the respondents to resist present Chamber Order. However, it would be just and proper to impose certain cost on the applicant, so that the applicant would be more diligent in pursuing with captioned Petition. Hence, in the interest of justice delay of 13 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 06th May, 2026 contd....

CHOL/357/2026 in WPL/34403/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) subject to payment of cost of Rs. 2,500/- to the '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 Petition be restored to file, and the petitioner to remove office objections of the Petition and get the same registered/numbered by filing/uploading compliance praecipe within four weeks from the date of payment of cost, failing Petition to stand rejected for non-compliance of O.S.Rule 986.

Date : 06.05.2026 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2026.05.07 16:23:38 +0530 RAJEEV VIJAY ACHARYA