Robin Karamchandani v. Jem Associates And 4 Others

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 25th July, 2024 FOR HEARING AND FINAL DISPOSAL :

CHOL/272/2024 in APPL/12667/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Aryaman Jagtap i/b. Solicis Lex, Advocate for the applicant.

Ms. Sonal Awasthi a/w. Ronish Mehta i/b. Vinod Mistry and Company, Advocate for respondent nos. 1 to 4.

Mr. Venkat Rao i/b. Legal Serve and Associates, Advocate for respondent no. 5.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 07.02.2024, rejecting captioned Appeal for non-compliance of office objections.

Heard ld. Advocates for the parties. Perused Affidavit of the applicant. It is contended that due to personal difficulty, office objections could not be complied with, within time. It is further contended that the applicant has a good case on merits, and therefore, grave prejudice will be caused if captioned Appeal is not restored to file.

Ld. Advocate for respondent nos. 1 to 4 submits for passing suitable orders.

Ld. Advocate for respondent no. 5 submits that there is no explanation with regard to delay caused in filing present Chamber Order, however, further submits for passing suitable order.

Considering grounds in the Affidavit, I am of the view that, the applicant has made out his case for restoration of captioned Appeal. Moreover, no prejudice will be caused to the respondents if captioned Appeal is restored to file as the respondents will get an opportunity to contest the matter on merits.

contd....

CHOL/272/2024 in APPL/12667/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 25th July, 2024 With regard to delay caused in filing present Chamber Order, it is stated in the Affidavit that Appellant was unaware about the conditional order dated 07.02.2024 passed in the matter and the present Chamber Order was taken out immediately upon the knowledge of passing of afore-said conditional Order. Hence, he has prayed that delay, if any, caused in filing present Chamber Order, may be condoned.

The Appellant has explained the delay as afore-said and as the instant Chamber Order is taken out immediately upon the knowledge of passing of the conditional order, the delay caused in filing the present Chamber Order is condoned and the same is granted as prayed and signed separately.

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

Date : 25.07.2024 Prothonotary and Senior Master