Rafique Md. Husain Tinwala v. Abdul Rahim Suleman Ghaswala And 8 ORS.

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 24th June, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/10/2025 in ARBPL/18865/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Khan Fayzan, Advocate for the applicant.

None present for the respondents.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 23.01.2024, rejecting captioned Arbitration Petition under O.S.Rule 986 for noncompliance of office objections. Ld. Advocate for the applicant submits that the respondents were served with the Chamber Order as per Affidavits of Service, which are filed on record. However, despite service, none appeared for and on behalf of the respondents.

Heard Ld. Advocate for the applicant. Perused Affidavit / Additional Affidavit in Support. It is contended that clerk of Advocate on record attempted to comply some of office objections, however, due to ill-health, the clerk could not comply office objections and even, not inform Advocate on Record about non-compliance of office objections. It is further contended that for the same reason, delay of 152 days caused in filing present Chamber Order, which was unintentional. Ld. Advocate for the applicant submits the applicant has a good case on merits, and he will pursue with captioned Petition diligently if it is restored to file. Hence, it is prayed that captioned Petition may be restored to file by condoning delay.

Contentions raised on oath, by the applicant, remain uncontested for want of resistance on the part of respondents since the respondents choose to remain absent despite service of Chamber Order. Hence, in my view, the applicant by raising aforesaid contentions in

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 24th June, 2025 contd....

CHOL/10/2025 in ARBPL/18865/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Affidavit / Additional Affidavit, has made out a case for restoration of captioned Arbitration Petition. Thus, in the interest of justice, delay of 152 days caused in filing present Chamber Order is condoned, and present Chamber Order is granted as prayed and signed separately.

The petitioner to remove office objections on the Petition and get the same registered and/or numbered within three weeks from the date of uploading of order, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 24.06.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.06.24 16:08:43 +0530 RAJEEV VIJAY ACHARYA