Khimji Velji Shah v. Bharat Devji Chaudhary

1/2 46-IA-719-2025 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 719 OF 2025 IN COMMERCIAL IP SUIT NO. 246 OF 2023 Khimji Velji Shah ...Applicant

Versus

Bharat Devji Chaudhary ...Defendant _______ Mr. Sharad Bansel a/w Deepak Shukla i/b B.N. Shukla & Co. for Plaintiff. Ms. Minal Chandani (Through VC) a/w Rajesh Ranglani for Defendant. _______

CORAM

:

ARIF S. DOCTOR, J.

th JANUARY, 2026 DATE :

P.C.

1.

It was pointed out that despite the order dated 15 th October, 2025, of permitting reply to be filed on payment of costs of Rs. 15,000/-, the costs have not been paid.

2.

Ms. Chandani submits that, she has instructions to make payment of the costs within the course of tomorrow and also the Affidavit-in-Reply be taken on record.

3.

Learned counsel for the Plaintiff points out that the Defendant has been taking time since January, 2025 to file Affidavit-in-Reply and if the Court is inclined to grant any further extension of time, the same should be subject to Areeb

2/2 46-IA-719-2025 (OS).DOC payment of costs, he is correct in his submission. 4.

The order dated 15 th October, 2025 and 19 th November, 2025 made clear that the Defendant had been granted more than adequate time, however, had failed on one ground or the other to file Affidavit-in-Reply. Hence, I shall grant further extension of time subject to payment of additional costs of Rs. 15,000/-, the same shall be paid in terms of the previous order. 5.

Liberty to file Rejoinder if any in the Registry. th February, 2026. No further time shall be granted. 6.

Stand over to 10 [ARIF S. DOCTOR, J.] Areeb