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Bombay High CourtIA/1287/2025absolute

Deepa Sandip More v. Yashwanti Jaisinghrao Suryawanshi

2026-02-04Hon'Ble Justice Shri Arif S. Doctor2 pages

1/2 36-IA-1287-2025 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 1287 OF 2025 IN COMMERCIAL SUIT NO. 1537 OF 2018 Deepa Sandip More ...Applicant

Versus

Yashwanti Jaisinghrao Suryawanshi ...Defendant _______ Mr. Siddharth Joshi a/w Sunil Gangan, Swapnil S. i/b RMG Law Associates for Applicant.

Mr. Ajay Panicker, Dhairya Sampat i/b Ajay Law Associates for Defendant. _______

CORAM

:

ARIF S. DOCTOR, J.

th FEBRUARY, 2026 DATE :

P.C.

1.

The Applicant has by way of present Interim Application sought to amend the Plaint in terms of Schedules appended at page no. 17 of the Interim Application. The Application is being opposed by the Defendant, who has filed an Affidavit-in-Reply. The essence of the opposition is that, all the facts which the Applicant now seeks to bring on record were within the purview and knowledge of the Applicant at the time when the Suit was filed and the same are therefore, belated.

2.

Learned counsel for the Applicant submits that the Application is necessitated because there was a previous Suit filed by the Defendant against the Areeb

2/2 36-IA-1287-2025 (OS).DOC Plaintiff in this Court, in which all these facts formed part of the Written Statement/ Counter Claim that had been filed by the Plaintiff herein. The Suit was thereafter withdrawn and therefore the Counter Claim was converted into the Suit.

3.

In view of these circumstances, the present amendments are required to be allowed only to complete the pleadings and narration of events in the Suit. 4.

Mr. Panicker learned counsel for the Defendant submits that the amendments could be allowed but given the passage of time, some costs would have to be imposed. In light of the fact that these amendments really would have to be allowed for completeness and in substantive interest of justice, I am inclined to allow the Interim Application in terms of prayer clause 'a' subject to payment of costs of Rs. 25,000/-.

5.

Amendments to be carried out within a period of two weeks from today. Reply to be filed in the Registry.

6.

Interim Application No. 1287 of 2025 is accordingly allowed and disposed of.

[ARIF S. DOCTOR, J.] Areeb