Bombay High Court

LASCELLES SYMONSversusHILAIRE D SOUZA

Decided: 10 April 2026
Disposal: DISPOSED OFF
Bench: A H LADDHAD PROTHONOTARY SENIOR MASTER

Holding

The department is directed to restore the interim application (L) No. 35447/2023 and the plaintiff must comply with office objections by the stipulated date.

Summary

The High Court, in Chamber Order No. 532/2025 dated 10 April 2026, restored a suit (L) No. 35408/2023 upon payment of Rs. 2,500 to the High Court Employees Medical Welfare Fund. The petitioner paid the cost on 17 April 2026, but only the suit was restored; the related interim application (L) No. 35447/2023 remained unregistered. The petitioner filed a praecipe on 24 June 2026 seeking restoration of the interim application. The Court, after considering the compliance with the cost order, directed the department to give effect to the earlier order and restore the interim application in the Court’s Integrated System (C.I.S.). The plaintiff was further instructed to remove any office objections and file the necessary compliance praecipe by 8 July 2026, failing which the interim application would be rejected under O.S. Rule 986.

Issues considered

Whether the department must restore the interim application after the suit has been restored upon payment of cost
Whether the petitioner complied with the procedural requirement of removing office objections under O.S. Rule 986

Legislation cited

O.S. Rules — s. 986

Subjects

interim application restoration
cost payment
civil procedure
O.S. Rule 986
court order compliance

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         ORDINARY ORIGINAL CIVIL JURISDICTION

                               Chamber Order NO. 532/2025
                                              in
                                  Suit (L) No. 35408/2023
                                            with
                          Interim Application (L) No. 35447/2023


                     Perused Praecipe dated 24.06.2026 submitted by ld. Advocate
for the petitioner and contents mentioned therein . Heard ld. Advocate for
the plaintiff.
                     It appears that by way of Order dated 10.04.2026 passed in
Chamber Order No. 532/2025 in Suit (L) No. 35408/2023, Suit was restored
to file subject to payment of cost of Rs. 2,500/- to the High Court Employees
Medical Welfare Fund, Mumbai. Ld. Advocate submits that cost was paid on
17.04.2026. However, it appears that after payment of cost, the department
has restored only Suit but not interlocutory application i.e. Interim
Application (L) No. 35447/2023. As a result, as on date, after compliance of
office objections of suit, suit is registered, however, Interim Application was
not looked into.
                     Taking into consideration aforesaid facts, in the interest of
justice, now department is directed to give effect of Order dated 10.04.2026
passed in Chamber Order and restore Interim Application (L) No.
35447/2023 in C.I.S.. Thereafter, applicant/plaintiff is directed to remove
office objections on Interim Application and get the same registered and/or
numbered by uploading / filing compliance praecipe, till 08.07.2026, failing
Interim Application to stand rejected for non-compliance of office objections
under O.S.Rule 986.




Date : 24.06.2026                                 Prothonotary and Senior Master
        Digitally
        signed by
        RAJEEV
RAJEEV  VIJAY
VIJAY   ACHARYA
ACHARYA Date:
        2026.06.24
        16:17:45
        +0530

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