Advet Bhambhani v. Jungle Book Entertainment Pvt. Ltd.

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

13. CHOL/291/2024 IN ARBP(L)/21965/2023 ) ) ) ) ) Mr. Prasad Rokade a/w. Mr. Yogesh Dharra i/b. Mr. Ashok Saraogi, Advocate for Applicant Ms. Manisha Gawade, AGP for State of Maharashtra ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C.: The present Chamber Order is taken out by the Petitioner for setting aside Order dated 02.04.2024, rejecting captioned Petition 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.

Perused Chamber Order and Affidavit and Addl. Affidavit in Support of Chamber Order. Heard Ld. Advocate appearing for the Petitioner, who submits that Petitioner was solely dependent on the advise of the Advocate who had already instructed his Clerk to remove office objections on the Petition and get the same registered. However, due to inadvertence on the part of the Advocate Clerk and noncommunication between the Petitioner and Advocate, Petition got rejected for want of compliance. Therefore, Ld. Advocate submits that Chamber Order taken out for restoration of captioned Petition may be allowed by condoning delay of 74 days and the Petition may be allowed to be restored to its original fie.

I have considered submissions as canvassed by Ld. Advocate and contentions made in Affidavits as above. Due to inadvertence on the part of Advocate Clerk, as stated in the Affidavit by the .... 2

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

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petitioner, captioned Petition got rejected and 74 days delay was caused in filing present Chamber Order. Reasons put forth for condonation of delay and restoration of the captioned Petition appear to be bonafide. Hence, I deem it fit to condone delay and allow present Chamber Order. Hence, I pass the following order :

O R D E R Delay of 74 days caused in filing present Chamber Order is condoned subject to payment of cost of Rs. 1,000/- to the Maharashtra State Legal Services Authority within two weeks from the date of uploading of order.

Petitioner to remove office objections on the Petition and get the same numbered and/or registered within four weeks from the date of payment of cost, failing Petition 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 19:58:52 +0530