Vinay Kothari v. Alok Premchand Kothari And 4 ORS.

53. IA/3905/2025 Alok vs. Vinay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by JYOTI PRAKASH PAWAR Date:

2026.01.12 11:04:04 +0530 JYOTI PRAKASH PAWAR INTERIM APPLICATION NO. 3905 OF 2025 IN SUIT NO. 84 OF 2024 Alok Premchand Kothari ...

Applicant Vs.

Vinay Kothari ...

Respondent ______________________________________ Ms. Aishwaryajeeta Tawde i/b Kanga & Co. for Plaintiff. Ms. Akansha Patil a/w Mr. Rahul Agrawal i/b M/s. Purnanand & Co. Defendant No. 1/Applicant in I.A. 3905/2025 _______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE :

9th JANUARY 2026 P.C.:

1.

The present Interim Application seeks condonation of delay of 488 days in filing of the Written Statement by Defendant No. 1. 2.

I have heard Ms. Akansha Patil, learned Counsel who appears on behalf of the Defendant No. 1 and Ms. Aishwaryajeeta Tawde, learned Counsel who appears on behalf of the Plaintiff. 3.

For the reasons more particularly set out in the said Interim Application, I am of the view that the same deserves to be allowed. ------------------------------------- Order dated 9th January 2026

53. IA/3905/2025 Alok vs. Vinay Accordingly, the following order is passed:

ORDER

(i) The present Interim Application is allowed in terms of Prayer Clause (a) and (b).

(ii) Accordingly, the delay of 488 days in filing the Written Statement is hereby condoned and the Applicant/Defendant No. 1 is permitted to file the Written Statement before the Registry on or before 13th January 2026.

(iii) A copy of the Written Statement shall also be served on the Plaintiff on or before the said date.

(iv) The Interim Application is disposed of. There shall be no order as to costs.

INTERIM APPLICATION NO. 3283 OF 2024 1.

The Interim Application has been taken out by the Plaintiff seeking Interim/Ad-interim reliefs. Ms. Akansha Patil, learned Counsel who appears on behalf of Defendant No. 1 tenders an Additional Affidavit dated 28th November 2025. The same is taken on record. Place this Interim Application for hearing on 16th January 2026. ( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil ------------------------------------- Order dated 9th January 2026