Zee Learn Limited v. Lahai Educational And Charitable Trust

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 20th August, 2024 FOR HEARING AND FINAL DISPOSAL :

11. CHOL/221/2024 in ARBAP(L)/33313/2022 ) ) ) ) ) Ms. Priya Nigwekar i/b. Ms. Pallavi Chari, Advocate for Applicant (through V.C.) Mr. Venis Las, Managing Trustee of Respondent Trust (through V.C.) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present e-filed Chamber Order is taken out by the Applicant for setting aside Order dated 31.10.2023, rejecting captioned Arbitration Application under O.S.Rule 986 for non-removal of office objections.

Perused e-filed Chamber Order, Affidavit in Support of the Chamber Order and Response filed by Respondent. Heard Ld. Advocate for Applicant and Managing Trustee of Respondent Trust.

Ld. Advocate for Applicant submitted that there is delay of more than 60 days caused in filing captioned Chamber Order which is caused due to inadvertence on the part of erstwhile Advocate and the said reason is properly explained vide Para Nos. 6 and 7 of the Affidavit in support of Chamber Order. Hence, the delay may be condoned and the Application may be allowed to be restored to its lodging number.

It is contended in Para Nos. 6 & 7 of Affidavit in support, that on 31.10.2023 when the matter was listed for Rejection under O.S. Rule 986 before this Authority, Advocate could not remain present because the erstwhile Advocate who was handling the matter left the firm and before leaving, through oversight, he updated the date of the matter as 31.11.2023 instead of 31.10.2023. It is further .... 2

.... Continued Prothonotary and Senior Master Date : 20th August, 2024 : 2 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) averred that the said fact came to be known to the Ld. Advocate in January 2024 and therefore, there is delay of 60 days in filing the present Chamber Order.

Upon hearing submissions made by Ld.

Advocate for Applicant and considering the grounds raised in Affidavit, it is seen that there is delay of around 60 days caused in filing present Chamber Order, however, during the course of the hearing, Ld. Advocate submitted that due to miscalculation and inadvertence on the part of erstwhile Advocate, delay is caused and the same may be condoned. I have given thoughtful consideration to the causes canvassed by Ld. Advocate for the Applicant and the Managing Trustee of Respondent Trust.

Thus, under the given circumstances, in the interest of justice, delay caused in filing present Chamber Order, is condoned and the present Chamber Order is granted as prayed.

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

Date : 20.08.2024 Prothonotary & Senior Master