Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.