Mahima Dhawan v. Kotak Mahindra Bank

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 25th February, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/506/2024 in ARBPL/14032/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Manasi Pandit i/b. Bhadoria Esha Suresh, Advocate for the applicant.

Mr. Mandar Goswami a/w. Siddhant Chaudhari, Advocate for the respondent.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 26.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Heard ld. Advocate for the applicant. Perused Affidavit in Support of the Chamber Order, contents of which are self-explanatory. It is averred that the applicant is resident of Delhi. The clerk of Advocate was well conversant with the procedure of removing of office objections raised in e-filed matter. However, at the relevant time, he was not available due to his personal difficulty, and therefore, office objections could not be complied with within given time. It is further averred that unintentionally, delay of 139 days was caused in filing present Chamber Order, and same be condoned in the interest of justice.

Ld. Advocate for the respondent submits for passing suitable orders.

Reasons mentioned in the Affidavit, appear to be genuine and substantial justice cannot be denied on technical grounds. The respondent can contest the Petition on its own merits once it is restored to file. Hence, in the interest of justice, delay of 139 days, as mentioned above, is condoned and present Chamber Order is granted as prayed.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 25th February, 2025 contd....

CHOL/506/2024 in ARBPL/14032/2023 ) ) ) ) ) ) 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 : 25.02.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.02.26 10:37:14 +0530 RAJEEV VIJAY ACHARYA