Vijaykumar Chandrashekharan v. Pratham Vardvinayak Developers Llp

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 16th January, 2025 FOR HEARING AND FINAL DISPOSAL :

12. CHOL/217/2024 IN APP(L)/24384/2023 ) ) ) Mr. S.H. Singh i/b. Mr. R.T. Kharwar, Advocate for Appellant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C.: The present Chamber Order is taken out by the Appellant for setting aside Order dated 07.02.2024, rejecting captioned Appeal under O.S.Rule 986 for non-compliance of office objections.

Affidavit of Service showing service of present Chamber Order is already filed on record. Despite service, today none appeared on behalf of Respondents.

Perused Chamber Order and Affidavit and Addl. Affidavit in Support of Chamber Order. Heard Ld. Advocate appearing for the Appellant, who submits that the Appellant had gone to his native place for his personal work, he could not contact the Advocate on record and therefore Appeal got rejected for want of compliance. Ld. Advocate further submits that when the Appellant contacted Advocate on record, till that time, time to file Chamber Order got expired and when the Chamber Order was filed, 37 days delay was caused. Therefore, Ld. Advocate seeks condonation of delay caused in filing Chamber Order and also submits that chamber order may be allowed and the captioned Appeal may be restored to its original file.

I have considered grounds and reasons as canvassed and mentioned in the Addl. Affidavit as above. Though the reason put forth for condonation of delay .... 2

..... Continued Prothonotary and Senior Master Date : 16th January, 2025 : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) and restoration of the captioned Appeal are tricky, still in the interest of justice and to get Appellant an opportunity to contest the matter on merits, I deem it fit to offer an opportunity to the Appellant to remove office objections on the Appeal and get it numbered / registered by giving reasonable time. Hence, I pass the following order :

Order Delay of 37 days caused in filing present Chamber Order is condoned.

Conditional Order dated 07.02.2024 passed in Appeal (L) No. 24384 of 2023 is set aside and Appeal is restored to its original file.

Appellants to remove office objections on the Appeal and get the same numbered and/or registered within four weeks from the date of uploading of Order, failing Appeal to stand rejected for non-compliance of office objections under O.S.Rule 986.

In view of above, Chamber Order stands allowed. Date : 16.01.2025 Prothonotary & Senior Master M.N.

Kadam by M.N. Kadam Date: 2025.01.16 18:19:33 +0530