Bombay High Court
CHIRAG GALAversusKABRA ESTATE AND INVESTMENT CONSULTANTS
- Decided
- Disposal
- DISPOSED OFF
Holding
The High Court may set aside the dismissal order and grant a two‑week period to remove office objections, failing which the suit will be dismissed.
Summary
The applicants filed an interim application seeking to set aside an order dated 17 July 2026 that dismissed their suit for failure to remove office objections. The defendants were served but did not file any reply affidavits. The High Court, after reviewing the interim application, concluded that justice required giving the applicants a final opportunity to comply with the procedural directions. The court ordered that the office objections must be removed within two weeks of the order being uploaded, failing which the suit will stand dismissed. Accordingly, the interim application was allowed and the matter was disposed of subject to the compliance deadline.
Issues considered
- Whether the High Court can set aside a dismissal order for non‑removal of office objections in a civil suit.
- Whether the court may grant a further time period for the parties to comply with procedural directions.
Subjects
- civil procedure
- interim application
- office objections
- dismissal of suit
- High Court of Bombay
Judgment
1/2 3-IA-4812-2026 (OS).DOC
Digitally
signed by
MOHAMMAD IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MOHAMMAD AREEB
AREEB MOHD
MOHD
AKBAR
AKBAR
Date: ORDINARY ORIGINAL CIVIL JURISDICTION
2026.09.07
10:56:20
+0530
INTERIM APPLICATION NO. 4812 OF 2026
IN
SUIT (L) NO. 9991 OF 2026
Chirag Gala & Ors. ...Applicants
Versus
Kabra Estate and Investment Consultants & Ors. ...Defendants
_______
Ms. Laxmi M. a/w Mr. Ashutosh Kaushik, Ms. Swati D. i/b Kaushik & Co. for the
Applicant.
Ms. Gauri Joshi i/b Ganesh & Co. for Defendant No.1.
Mr. Rihen A. Mishra i/b Anil R. Mishra for Defendant-Society.
Mr. Sahil Saiyed a/w Mr. Somesh Pathak a/w Ms. Priyanka Singh for Defendant
Nos. 3 to 9.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 3rd SEPTEMBER, 2026
P.C.
1. This Interim Application seeks to set aside the Order dated 17 th July 2026
passed by the Prothonotary and Senior Master of this Court, pursuant to which
the captioned Suit came to be dismissed for non-removal of office objections.
2. The Defendants have been served. None of the Defendants, however,
wishes to file a Reply Affidavit.
3. Having perused the averments made in the Interim Application, I am
satisfied that the substantive cause of justice would best be served if the
Applicants are afforded one final opportunity to remove the office objections
Areeb
2/2 3-IA-4812-2026 (OS).DOC
and comply with the directions of the Prothonotary and Senior Master of this
Court.
4. It is expressly made clear that, if the office objections are not complied
with within a period of two weeks from the date on which a copy of this Order
is uploaded, the Suit shall stand dismissed without any further reference to the
Court.
5. In view of the above, the Interim Application is allowed in terms of prayer
clause ‘a’ and is accordingly disposed of.
[ARIF S. DOCTOR, J.]
Areeb
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