Axis Securities Limited v. Madan Babani

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 06th January, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/470/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jinal Rathi i/b. Rahul Karnik, 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 19.03.2024, rejecting Arbitration Petition (L) No. 13125/2023 under O.S.Rule 986 for noncompliance of office objections. Ld. Advocate submits that none appeared for the respondent despite service of Chamber Order as per Affidavit of Service dated 25.10.2024.

Perused Chamber Order, Affidavit in Support of the Chamber Order and Exhibits thereto.

Heard ld. Advocate appearing for the applicant/original petitioner. Ld. Advocate submits that on 10.07.2024 when matter was listed on board of Taxing Master, that time she came to know about Order, Exhibit A, and rejection of aforesaid Arbitration Petition pursuant to Order, Exhibit A. The petitioner has already complied with most of office objections on the petition and whatever objections are remained to be complied with, the petitioner is ready to comply those objections within time, which this Authority may grant. Accordingly, ld. Advocate seeks restoration of aforesaid Arbitration Petition by allowing present Chamber Order.

After considering submissions and reasons putforth for restoration of Arbitration Petition (L) No. 13125/2023, I am satisfied that there is no malafide intention on the part of applicant and he deserves an opportunity to contest the matter on merits. In that view of

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 06th January, 2025 contd....

CHOL/470/2024 ) ) ) ) ) ) ) ) ) the matter, Chamber is allowed with no order as to costs.

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 : 06.01.2025 Prothonotary and Senior Master RAJEEV VIJAY ACHARYA RAJEEV VIJAY ACHARYA Date: 2025.01.06 18:36:15 +0530