Jagruti Chandrajit Jhaveri v. Sharekhan Ltd

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 10th March, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/90/2025 in ARBPL/21370/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Ajay Jankar i/b. Kochale Tushar Bhimrao, 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 12.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant submits that respondent was served with the Chamber Order as per e-filed Affidavit of Service dated 07.03.2025. Despite service, none appeared for and on behalf of respondent.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is averred that all office objections were complied with, however, Ld.

Scrutiny Officer was not satisfied with the submissions in respect of office objections with regard to limitation and court fees due to which captioned Petition came to be rejected under O.S.Rule 986. It is further averred that for the same reason, delay of 174 days caused in filing present Chamber Order, which was unintentional and therefore, prayed that captioned Petition may be restored to file by condoning delay.

Contentions raised in the Affidavit by the applicant, remain uncontested for want of resistance on the part of respondent. Hence, I do not hesitate to rely on the contentions raised by the applicant, as above, for the restoration of captioned Petition. Moreover, no prejudice would cause to the respondent if captioned Petition is restored to its original

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 10th March, 2025 contd....

CHOL/55/2025 in WPL/1320/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) filed since the respondent can contest the Petition on merits. In view thereof, in the interest of justice, delay of 174 days caused in filing present Chamber Order is condoned and the present Chamber Order is granted as prayed.

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 : 10.03.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.03.11 12:31:35 +0530 RAJEEV VIJAY ACHARYA