Khusharav Builders Pvt. Ltd. v. Nishit Yogendra Patel and 2 Ors.
Case brief
What is this about?
Restoration of suit dismissed for non-removal of office objections; condonation of delay in filing restoration/interim application; Bombay High Court, Ordinary Original Civil Jurisdiction; Justice Jitendra Jain; Khusharav Builders Pvt. Ltd. v. Nishit Yogendra Patel & Ors.; Interim Application No. 781 of 2025 in Suit (L) No. 24372 of 2022; four-week deadline to remove office objections and number the suit; cost Rs. 25,000/- payable to Tata Memorial Hospital, Parel, Mumbai; compliance affidavit; suit to be dismissed without further reference if default recurs; no further restoration application to be entertained.
What did the court decide?
Delay in filing the interim application condoned; plaintiffs given one final opportunity of four weeks to remove office objections and get the suit numbered finally, subject to payment of cost of Rs. 25,000/- to Tata Memorial Hospital, Dr. E. Borges Road, Parel, Mumbai 400 012, and filing of a compliance affidavit within four weeks thereafter; failing removal of objections and payment of cost within the stipulated period, the suit will be dismissed without further reference to the Court and no further restoration application will be entertained.