Mahindra and Mahindra Financial Services Ltd. vs K P L Power Tools — Bombay HC (2026) — LawSathi Research

Mahindra and Mahindra Financial Services Ltd. vs K P L Power Tools — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 21 days condoned; Chamber Order granted as prayed, subject to payment of cost of Rs. 5,000/- to 'The High Court Employees Medical Welfare Fund at Mumbai' (Bank of India Mumbai (Main) Branch) within three working days; upon payment, the Petitioner to remove office objections and get the Petition registered/numbered within two weeks, failing which the Petition stands rejected under O.S. Rule 986.

Issue for consideration

Whether the delay of 21 days in filing the Chamber Order seeking setting aside of the order dated 19.09.2025 rejecting the captioned Petition under O.S. Rule 986 for non-compliance of office objections should be condoned and the captioned Petition restored to file.

Ratio / Principle

The reasons mentioned in the Affidavit appear genuine; substantial justice cannot be denied on technical grounds; the Applicant has explained the delay and should get one opportunity to pursue the captioned Petition.

Key takeaways

The delay of 21 days in filing the present Chamber Order is condoned and the Chamber Order is granted as prayed, subject to payment of cost of Rs. 5,000/- to 'The High Court Employees Medical Welfare Fund at Mumbai' within three working days.ratio¶22
Upon payment of the cost, the Petitioner is to remove office objections on the Petition and get it registered and/or numbered within two weeks from the date of payment of cost, failing which the petition shall stand rejected for non-compliance of office objections under O.S. Rule 986.ratio¶24

Detailed headnote1 paragraphs

Condonation of delay – Chamber Order – 21 days' delay in filing Chamber Order seeking setting aside of order dated 19.09.2025 rejecting the Petition under O.S. Rule 986 for non-compliance of office objections – delay attributed to health issue of Advocate's assistant; Advocate on record learnt of non-compliance in November 2025 – reasons held genuine; substantial justice cannot be denied on technical grounds – delay condoned and Chamber Order granted as prayed, subject to cost of Rs. 5,000/- payable to 'The High Court Employees Medical Welfare Fund at Mumbai' within three working days – upon payment, Petitioner to remove office objections and have the Petition registered/numbered within two weeks, failing which the Petition to stand rejected under O.S. Rule 986 – Respondents duly served but unrepresented.

Before : Anil H. Laddhad Prothonotary and Senior Master

Date : 30^th January, 2026

CALLED FOR HEARING AND FINAL DISPOSAL :

CHOL/705/2025 IN ARBP(L)/23283/2025

) Ms. Priya Nigwekar i/b. Pallavi Chari, ) Advocate for Applicants

)

) P.C. : The present Chamber Order is e-filed ) by the Applicant for setting aside Order dated ) 19.09.2025, rejecting captioned Petition under ) O.S. Rule 986 for non-compliance of office ) objections.

)

) Ld. Advocate for the Applicant submits that ) they have filed Affidavit of Service dated ) 13.01.2026 and Respondents are served with ) copy of Chamber Order.

)

) Despite service, today none appeared for and ) on behalf of Respondents.

)

) Heard Ld. Advocate for the Applicant. ) Perused Affidavit in Support of the Chamber ) Order. It is contended therein that in view of ) order dated 19.09.2025, four weeks time was ) granted to remove office objections. However, ) due to health issue of Advocate’s assistant who ) was pursuing the matter, the office objections ) could not be removed within time. The ) Advocate on record came to know about non) compliance of office objections in the month ) of November, 2025. It is further contended ) that due to the aforesaid reasons, there is ) delay of 21 days in filing present Chamber ) Order.

)

) Ld. Advocate for the Applicant submits that ) delay, as above, caused in filing present ) Chamber Order was unintentional and it may ) be condoned and captioned Petition may be restored to file.

)

…. 2

…. Continued

Prothonotary and Senior Master Date : 30^th January, 2026

: 2 :

) Reasons mentioned in the Affidavit appear to ) be genuine and substantial justice cannot be ) denied on technical grounds. Further, the ) Applicant has explained delay, as above. ) Therefore, the Applicant should get one ) opportunity to pursue with the captioned ) Petition. )

) In view thereof, delay of 21 days, caused in ) filing present Chamber Order, is condoned and ) the present Chamber Order is granted as ) prayed subject to payment of cost of ) Rs. 5,000/- , to be paid to the ‘The High Court ) Employees Medical Welfare Fund at Mumbai’ ) - Bank of India Mumbai (Main) Branch, ) Account No. 000120110001337, IFSC Code : ) BKID0000001, within three working days ) from today.

)

) Upon payment of cost as mentioned above, ) the Petitioner to remove office objections on ) the Petition and get the same registered ) and/or numbered within two weeks from the ) date of payment of cost , failing the petition to ) stand rejected for non-compliance of office ) objections under O.S.Rule 986.

Date : 30.01.2026

Prothonotary & Senior Master

Digitally signed Kadam by Kadam M.N.Date: M.N. 2026.01.3112:17:19 +0545