Kamla Homes and Lifestyles Private Limited vs Municipal Corporation of Greater Mumbai and 2 Ors. — Bombay HC (2026) — LawSathi Research

Kamla Homes and Lifestyles Private Limited vs Municipal Corporation of Greater Mumbai and 2 Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Chamber Order CHOL/357/2026 allowed as prayed: delay of 13 days in its filing condoned; captioned Petition WPL/34403/2024 to be restored to file upon payment of costs of Rs. 2,500/- to 'The High Court Employees Medical Welfare Fund at Mumbai'; petitioner to remove office objections and get the Petition registered/numbered by compliance praecipe within four weeks from the date of payment of cost, failing which the Petition shall stand rejected for non-compliance of O.S. Rule 986.

Issue for consideration

Whether the delay of 13 days in filing Chamber Order CHOL/357/2026 (seeking setting aside of the order dated 07.03.2026 rejecting WPL/34403/2024 for non-compliance of office objections under O.S. Rule 986) should be condoned and the captioned Petition restored.

Court's answer

Considering the grounds raised in the Affidavit, the applicant has made out a case for restoration of the captioned Petition.

Ratio / Principle

In the interest of justice, the delay of 13 days caused in filing the present Chamber Order is condoned and the Chamber Order is granted as prayed.

Key takeaways

The grant is subject to payment of cost of Rs. 2,500/- by the applicant to 'The High Court Employees Medical Welfare Fund at Mumbai' (Bank of India, Mumbai (Main) Branch, Account No. 000120110001337, IFSC CODE: BKID0000001), imposed so that the applicant would be more diligent in pursuing the captioned Petition.ratio¶7
Upon payment of cost, the captioned Petition is to be restored to file; the petitioner must remove the office objections and get the Petition registered/numbered by filing/uploading a compliance praecipe within four weeks from the date of payment of cost, failing which the Petition shall stand rejected for non-compliance of O.S. Rule 986.ratio¶7

Detailed headnote1 paragraphs

Chamber Order CHOL/357/2026 in WPL/34403/2024, dated 06.05.2026, before Anil H. Laddhad, Prothonotary & Senior Master. The Petition had been rejected on 07.03.2026 for non-compliance of office objections under O.S. Rule 986. The applicant e-filed the present Chamber Order with a delay of 13 days seeking setting aside of the rejection and restoration of the Petition, citing the time required for translation of documents, non-availability of clear copies, and the applicant's travel during the relevant period. Service upon the respondents was proved by Affidavit of Service, but none appeared to oppose. Held: the applicant made out a case for restoration; the 13-day delay was condoned and the Chamber Order granted as prayed, subject to costs of Rs. 2,500/- payable to 'The High Court Employees Medical Welfare Fund at Mumbai' (Bank of India, Mumbai Main Branch). Upon payment, the Petition is to be restored to file; the petitioner must remove office objections and obtain registration/numbering by compliance praecipe within four weeks from the date of payment, failing which the Petition shall stand rejected for non-compliance of O.S. Rule 986.

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

FOR HEARING AND FINAL DISPOSAL :

50 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

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 : 06^th May, 2026

contd…. ) subject to payment of cost of Rs. 2,500/- to the CHOL/357/2026 ) ‘The High Court Employees Medical Welfare in ) Fund at Mumbai’ – Bank of India, Mumbai WPL/34403/2024 ) (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.

contd…. )

Date : 06.05.2026

Prothonotary and Senior Master

Digitally signed by RAJEEV RAJEEV VIJAY VIJAY ACHARYA ACHARYA Date: 2026.05.07 16:23:38 +0530