Zee Learn Limited v. Bapu Educational Charitable Trust

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 01st April, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/28/2025 in ARBPL/29579/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Karan D'souza i/b. Pallavi Chari, the Chambers of Jangra and Associates, Advocate for the applicant.

None present for the respondent.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 31.10.2023, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant tenders Affidavit of Service dated 08.02.2025 and submits that the respondent was served with the Chamber Order. It is taken on record. Despite service, none appeared for the respondent.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory.

It is contended that Advocate, who was handling the matter, left the firm of Advocate on record without intimating proper updates of the matter due to which office objections could not be removed within time. It is further contended that new Advocate was appointed in the matter, but in the meantime, delay of 111 days caused in filing present Chamber Order. Ld. Advocate submits that the applicant has a good case on merits and prays for restoration of captioned Petition.

Reasons mentioned on oath, remain uncontested for want of resistance on the part of respondent. Therefore, I do not hesitate to rely on aforesaid reasons for the restoration of captioned Petition. However, I am of the view that delay of 111 days caused in filing present

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 01st April, 2025 contd....

CHOL/28/2025 in ARBPL/29579/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Chamber Order, is required to be compensated by saddling reasonable cost.

In view thereof, delay of 111 days caused in filing present Chamber Order is condoned subject to payment of cost of Rs. 2,500/-, to be paid to the High Court Law Library within two weeks from today. Accordingly, the present Chamber Order is granted as prayed.

Upon payment of cost, the petitioner to remove office objections on the Petition and get the same registered and/or numbered within four 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 : 01.04.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.04.01 16:18:04 +0530 RAJEEV VIJAY ACHARYA