Sagar Shopping Developers And ANR v. Shravankumar Rameshwar Pardeshi And ORS
5.IA-2408.24.DOCX ppn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION by PRACHI PRANESH NANDIWADEKAR Date: 2025.10.01 16:45:02 +0530 IN ITS COMMERCIAL DIVISION PRACHI PRANESH NANDIWADEKAR INTERIM APPLICATION NO.2408 OF 2024 IN COMMERCIAL SUIT NO.34 OF 2022 Sagar Shopping Developers & Anr.
...
Applicants In the matter between Shravankumar Rameshwar Pardeshi ...
Plaintiff
Versus
Sagar Shopping Developers & Ors.
... Defendants ______________________________________________________ Mr Shrey Fatterpekar a/w Mr. Ameet Mehta, Mr. Nirav Marjadi, Mr. Kushal Harnesha i/by Solicis Lex for the plaintiffs.
Mr. Aadil Parsurampuria a/w Mr. Shabbir Jariwala for the defendants.
______________________________________________________ CORAM : Jitendra Jain, J.
DATED : 30 September 2025 PC:- 1.
This interim application is taken out by original defendant nos.1 and 4 seeking condonation of delay of 26 days in filing the written statement. The reason for the delay is given in paragraph 4 of the interim application. The reason being on account of inspection of the documents and unavailability of the advocate on the scheduled date.
5.IA-2408.24.DOCX 2.
The original plaintiffs/respondent in interim application strongly objects to the delay being condoned by relying upon the affidavit-in-reply.
3.
I have perused the application and the reply opposing the application. In my view, the delay is of only 26 days and the same has been sufficiently explained in the application. The defendants by delaying the filing of the written statement have not gained and, therefore, no prejudice would be caused to the plaintiffs, if the same is taken on record, but on the contrary, the dispute between the parties can be resolved by the Court if the written statement of the defendants is on record.
4.
Therefore, keeping in mind all the above facts, delay in filing the written statement is condoned. Written statement is to be taken on record.
5.
Interim application is allowed in terms of prayer clause (a).
(Jitendra Jain, J)