Zee Learn Limited v. Gyan Shanskar Shikshan Ewam Samajik Welfare Society

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 02nd April, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/29/2025 in ARBAPL/24514/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Karen D'souza i/b. 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 Arbitration Application under O.S.Rule 986 for noncompliance of office objections. Ld. Advocate for the applicant tenders Affidavit of Service dated 08.02.2025 and Additional Affidavit in Support dated 02.04.2025, explaining delay caused in filing present Chamber Order, which are taken on record. Despite service, none appeared for the respondent.

Heard ld. Advocate for the applicant. Perused Affidavit / Additional 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 Application.

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 Application. However, I am of the view that delay of 111 days caused in filing

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 02nd April, 2025 contd....

CHOL/29/2025 in ARBAPL/24514/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) present 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 applicant to remove office objections on the Application and get the same registered and/or numbered within four weeks from the date of uploading of order, failing Application to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 02.04.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.04.02 17:23:07 +0530 RAJEEV VIJAY ACHARYA