Manoj Bhagchand Gupta vs Urmila Bhagchand Gupta — Bombay HC (2026) — LawSathi Research

Manoj Bhagchand Gupta vs Urmila Bhagchand Gupta — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 257 days in filing the Chamber Order condoned; Chamber Order granted as prayed, restoring the captioned Petition TP(L)/29768/2022 (whose rejection dated 28.03.2024 was sought to be set aside); Petitioner directed to remove office objections and get the Petition registered/numbered within two weeks of upload of the order, failing which it will stand rejected for non-compliance of office objections under O.S. Rule 986.

Issue for consideration

Whether the delay of 257 days in filing the Chamber Order seeking setting aside of the order dated 28.03.2024 (rejection of the captioned Petition under O.S. Rule 986) ought to be condoned and the Petition restored.

Court's answer

The reasons stated in the Affidavit-in-Support appear bonafide, and substantial justice cannot be denied on a technical ground.

Ratio / Principle

The Applicant has made out a case for restoration of the captioned Petition.

Key takeaways

The delay of 257 days caused in filing the present Chamber Order is condoned and the Chamber Order is granted as prayed.ratio¶13
The Petitioner is to remove office objections on the Petition and get it registered and/or numbered within two weeks from the date of uploading of the order.ratio¶15
On failure to remove the office objections within the stipulated period, the Petition shall stand rejected for non-compliance of office objections under O.S. Rule 986.

Detailed headnote1 paragraphs

Chamber Order CHOL/60/2026 in TP(L)/29768/2022: A testamentary petition rejected on 28.03.2024 under O.S. Rule 986 for non-compliance of office objections (deposit and identification of the original Will and Codicil, and payment of court fees) was restored. The Applicant explained inability to pay court fees at the relevant time; the Court found the reasons in the Affidavit-in-Support bonafide and held that substantial justice cannot be denied on a technical ground. Delay of 257 days in filing the Chamber Order was condoned and the Chamber Order was granted as prayed. The Petitioner was directed to remove office objections and get the Petition registered/numbered within two weeks from upload of the order, failing which the Petition would stand rejected again for non-compliance of office objections under O.S. Rule 986.

Before : Anil H. Laddhad

Prothonotary and Senior Master

Date : 27^th January, 2026

CALLED FOR DIRECTIONS :

CHOL/60/2026 IN TP(L)/29768/2022

) Ms. Madhusmita S. i/b. Mr. Vishal Jaju, Advocate ) for Petitioner )

) P.C. : The present Chamber Order is e-filed by the ) Applicant for setting aside Order dated ) 28.03.2024, rejecting captioned Petition under ) O.S.Rule 986 for non-compliance of office ) objections.

)

) Heard Ld. Advocate for the Applicant. Perused ) Affidavit in Support to the Chamber Order. It is ) contended therein that the office objections which ) were remaining to be complied with were original ) Will and Codicil to be deposited and identified and ) payment of court fees. The Applicant was not in a ) position to pay court fees at the relevant time and ) the matter got rejected. )

) Ld. Advocate for the Applicant made a statement ) that now he will pursue with the captioned ) Petition diligently and hence, present Chamber ) Order may be granted by condoning delay of 257 ) days. Statement is accepted. )

) Reason mentioned in the Affidavit-in-Support ) appears to be bonafide, and substantial justice ) cannot be denied on technical ground.

)

) In view of above, the Applicant has made out case ) for restoration of captioned Petition. Therefore, ) delay of 257 days caused in filing present ) Chamber Order is condoned and present Chamber ) Order is granted as prayed.

)

) The Petitioner to remove office objections on the ) Petition and get the same registered and/or ) numbered within two weeks from the date of ) uploading of order, failing Petition to stand …. 2

….. Continued Prothonotary and Senior Master Date : 27^th January, 2026

: 2 :

) rejected for non-compliance of office objections under O.S.Rule 986. )

Date : 27.01.2026

Prothonotary & Senior Master

KadamM.N. Digitallysigned byKadam M.N.Date:2026.01.2813:33:14+0530