Rishabh Impex vs Union of India — Bombay HC (2026) — LawSathi Research

Rishabh Impex vs Union of India — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 148 days in filing the Chamber Order condoned; Chamber Order granted as prayed; captioned Petition WPL/29577/2023 to be restored to file upon payment of cost of Rs. 2,500/- to 'The High Court Employees Medical Welfare Fund at Mumbai', subject to the petitioner removing office objections and obtaining registration/numbering via compliance praecipe within four weeks of payment, failing which the Petition shall stand rejected for non-compliance of O.S. Rule 986.

Issue for consideration

Whether the delay of 148 days in filing the Chamber Order (CHOL/360/2026) seeking setting aside of the Order dated 24.06.2025, which rejected Petition WPL/29577/2023 for non-compliance of office objections under O.S. Rule 986, should be condoned. +1 more

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

It would be just and proper to impose cost on the applicant so that the applicant would be more diligent in pursuing the captioned Petition.

Key takeaways

In the interest of justice, the delay of 148 days caused in filing the present Chamber Order is condoned.ratio¶3
The 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 BKID0000001).ratio¶3
Upon payment of the cost, the captioned Petition is to be restored to file, and the petitioner is to remove office objections and get the Petition registered/numbered by filing/uploading a compliance praecipe within four weeks from the date of payment of cost.ratio

Detailed headnote1 paragraphs

Chamber Order CHOL/360/2026 in Petition WPL/29577/2023, before Anil H. Laddhad, Prothonotary & Senior Master, dated 06.05.2026. The applicant sought setting aside of the Order dated 24.06.2025 rejecting the captioned Petition for non-compliance of office objections under O.S. Rule 986, citing inadvertence, oversight and the ill health of the advocate (stated to be suffering from Cancer), with a delay of 148 days in filing the Chamber Order. Holding that the applicant had made out a case for restoration, the Prothonotary & Senior Master condoned the 148-day delay and granted the Chamber Order 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, A/c No. 000120110001337, IFSC BKID0000001), so as to encourage diligence. Upon payment, the Petition is to be restored to file; the petitioner must remove office objections and secure registration/numbering by filing/uploading a compliance praecipe within four weeks from payment, failing which the Petition shall stand rejected for non-compliance of O.S. Rule 986. The applicant/petitioner is not named in the order and appeared through Ms. Ushra Moughal i/b. Rita Joshi, Advocates.

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

FOR HEARING AND FINAL DISPOSAL :

52 CHOL/360/2026 ) Ms. Ushra Moughal i/b. Rita Joshi, Advocate in ) for the applicant. WPL/29577/2023 ) ) P.C.: The present Chamber Order is e-filed by the ) applicant for setting aside Order dated ) 24.06.2025, rejecting captioned Petition for ) non-compliance of office objections under ) O.S.Rule 986. ) ) Heard ld. Advocate for the applicant. Perused ) Affidavit in Support and Additional Affidavit. ) It is contended that due to inadvertent and ) oversight coupled with ill health of Advocate, ) who is suffering from Cancer, Advocate could ) not remove office objections within given time. ) It is further contended that delay of 148 days ) caused in filing present Chamber Order, which ) was not intentional. Hence, it is prayed that ) captioned Petition may be restored to file by ) condoning delay. ) ) Considering grounds raised in the Affidavit, I ) am of the view that the applicant has made ) out a case for restoration of captioned Petition. ) 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 148 days caused ) in filing present Chamber Order is condoned ) and present Chamber Order is granted as ) prayed 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.

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

contd…. ) CHOL/360/2026 ) in ) WPL/29577/2023 ) ) ) ) )

Date : 06.05.2026

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.

Prothonotary and Senior Master

Digitally signed by RAJEEV RAJEEVVIJAY VIJAYACHARYA ACHARYA Date: 2026.05.07 16:24:00 +0530