Soni Tower Co. Operative Housing Society Limited v. M/S. Soni And Associates And Another

901. IA 1688.2026 Soni Tower CHS. vs. Soni & Assoc.

by JYOTI PRAKASH PAWAR Date:

2026.03.26 13:20:50 +0530 JYOTI PRAKASH PAWAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1688 OF 2026 IN APPEAL FROM ORDER NO. 176 of 2024 Soni Towar Co-operative Housing Society Limited ... Applicant/Appellant (Orig. Plaintiff) V/s.

M/s. Soni & Associates & Anr.

... Respondents (Orig. Defendants) _______________________________________ Mr. Karan Jakhar i/b. L.J. Law for the Applicant/Appellant Ms. Kashvi Ail i/b. Rajesh Kachare for Respondent no.1 Ms. Neeta Jadhav i/b. Ms. Komal Punjabi for Respondent no.2 - BMC _______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE : 24th MARCH 2026 P.C. :

1.

By an order dated 4th March 2026, the Appellant was directed to file an Affidavit-of-Evidence of its witness before the Trial Court on or before 23rd March 2026 and the statement to that effect by its Counsel was recorded and accepted in the said order.

Today, Mr. Karan Jakhar, learned Counsel who appears for the Appellant states that though the draft of the Affidavit-of-Evidence is prepared ------------------------------------- Order dated 24th March 2026

901. IA 1688.2026 Soni Tower CHS. vs. Soni & Assoc.

and ready, the Administrator who is appointed in respect of the PlaintiffSociety is not in a position to put her name on the said Affidavit since its contents are beyond her personal knowledge and therefore, she has sought liberty to permit a member of the Plaintiff-Society to lead evidence before the Trial Court in her place. For this, the Administrator is stated to require permission from the Co-operative Court and hence, the Appellant has sought an extension of time.

3.

Considering this, as and by way of a last chance, time for the Plaintiff-Society to file their Affidavit-of-Evidence before the Trial Court is extended and the same shall be filed no later than 10th April 2026. The other directions contained in the order dated 4th March 2026 shall remain in force. 4.

Praecipe is disposed of in terms of this order. ( FARHAN P. DUBASH, J. ) Jyoti Pawar ------------------------------------- Order dated 24th March 2026