Allowed¶11

The New Green Chambers Co-Operative Housing Society Limited, through Its Chairman Abdul H Shaikh v. the Chief Officer, Mbr and R Board ( a Mhada Unit)

Bombay HC7 Jan 2026CHOL/575/2025

Case brief

AI extract

What is this about?

Restoration of writ petition WPL/6803/2025 via Chamber Order CHOL/575/2025; setting aside of rejection order dated 11.06.2025 for non-compliance of office objections under O.S. Rule 986; papers sent for scanning cited as cause of default; substantial justice versus technicality; uncontested affidavit reasons; no prejudice to respondents; compliance praecipe within three weeks; Prothonotary & Senior Master; decision dated 14.01.2026.

What did the court decide?

Restoration of the captioned Petition (WPL/6803/2025) subject to removal of office objections and registration/numbering upon a compliance praecipe within three weeks, failing which the Petition will stand rejected under O.S. Rule 986. ¶11

The New Green Chambers Co-Operative Housing Society Limited, through Its Chairman Abdul H Shaikh vs the Chief Officer, Mbr and R Board ( a Mhada Unit) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Chamber Order seeking to set aside the order dated 11.06.2025 rejecting the captioned Petition under O.S.Rule 986 for non-compliance of office objections ought to be granted and the Petition restored.

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Court's answer

Substantial justice cannot be denied on a technical ground; the uncontested reasons stated in the Affidavit in Support are relied upon for restoration of the captioned Petition.

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Ratio / Principle

No prejudice would be caused to the respondents because they can still contest the Petition on its own merits.

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Key takeaways

Chamber Order granted as prayed; the petitioner must remove the office objections and have the Petition registered and/or numbered by filing/uploading a compliance praecipe within three weeks from upload of the order, failing which the Petition will stand rejected under O.S.Rule 986.ratio¶13

Detailed headnote1 paragraphs

Chamber Order (CHOL/575/2025 in WPL/6803/2025) before Anil H. Laddhad, Prothonotary & Senior Master: The captioned Petition, earlier rejected on 11.06.2025 under O.S. Rule 986 for non-compliance of office objections, is restored. The respondents, though served, did not appear and the reasons in the Affidavit in Support went uncontested. Holding that substantial justice cannot be denied on a technical ground and that no prejudice would be caused to the respondents, who may still contest the Petition on its own merits, the Chamber Order is granted as prayed. The petitioner is directed to remove the office objections and obtain registration/numbering of the Petition by filing/uploading a compliance praecipe within three weeks of the order being uploaded, failing which the Petition will stand rejected again under O.S. Rule 986.

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Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 14^th January, 2026

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FOR HEARING AND FINAL DISPOSAL :

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11 CHOL/575/2025 in WPL/6803/2025

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Mr. Ritesh Singh i/b. Richa Singh, Advocate for the applicant.

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) )

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)

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) P.C.: The present Chamber Order is filed by the ) applicant for setting aside Order dated ) 11.06.2025, rejecting captioned Petition under ) O.S.Rule 986 for non-compliance of office ) objections.

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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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Ld. Advocate for the applicant made a statement that respondents were served with the Chamber and Affidavit of Service is filed on record. Statement is accepted. Despite service, none appeared for the respondent.

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Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that captioned Petition was listed before the Hon’ble Court due to which papers were not available in the department. It is further contended that upon follow up in the department, it was informed that papers were sent for scanning purpose. Therefore, office objections could not be removed within given time. Ld. Advocate submits that again he will take efforts to pursue with the captioned Petition and prays for restoration of the same.

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Reasons mentioned in the Affidavit, remained uncontested for want resistance on the part of respondents. Further, substantial justice cannot be denied on technical ground. Hence, I do not hesitate to rely on the reasons mentioned in the Affidavit for the purpose of restoration of captioned Petition. Moreover, no prejudice would cause to the respondents since they can contest the petition on its own merits. Hence, in the interest of justice, present Chamber Order is granted as prayed and signed separately.

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2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 14^th January, 2026

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contd…. ) The petitioner to remove office objections of CHOL/575/2025 ) Petition and get the same registered and/or in ) numbered by filing/uploading compliance WPL/6803/2025 ) praecipe within three weeks from the date of ) uploading of order, failing Petition to stand ) rejected for non-compliance of office ) objections under O.S.Rule 986.

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Date : 14.01.2026

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Prothonotary and Senior Master

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Digitally signed by RAJEEV RAJEEV VIJAY VIJAY ACHARYA ACHARYA Date: 2026.01.16 11:00:27 +0530

The New Green Chambers Co-Operative Housing Society Limited, through Its Chairman Abdul H Shaikh v. the Chief Officer, Mbr and R Board ( a Mhada Unit)

Case brief

What is this about?

What did the court decide?

The New Green Chambers Co-Operative Housing Society Limited, through Its Chairman Abdul H Shaikh v. the Chief Officer, Mbr and R Board ( a Mhada Unit)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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