Tushar Rajesh Mundada v. Bisleri International Private Limited

2025:BHC-OS:11760-DB 27 ia 3267-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIGINAL ORDINARY APPELLATE JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 3267 OF 2025 IN COMMERCIAL IP SUIT (L) NO. 5457 OF 2025 Tushar Rajesh Mundada and Anr.

... Applicants.

In the matter between:

Bisleri International Private Limited ... Plaintiff.

Versus

Tushar Rajesh Mundada and Anr.

... Defendants.

----- Mr. Prathamesh Mandlik i/by Mr. Nitesh Bhutekar for Applicants-Defendants. Mr. Vinod Bhagat a/w. Ms.Sonam Pradhan for the Plaintiff. ----- Coram : Sharmila U. Deshmukh, J.

Date : July 23, 2025 P.C. :

1.

Interim Application has been preferred by the Defendant seeking condonation of delay of 86 days caused in filing of the written statement and the counter-claim.

2.

Mr. Bhagat, learned counsel appearing for the Plaintiff submits that writ of summons has not yet been served upon the Plaintiff and therefore it cannot be said that there is any delay. The application appears to have been filed by way of abundant precaution. The statutory of 120 days not having been elapsed, the delay of 86 days can be condoned and is hereby condoned.

3.

Interim Application is allowed in terms of prayer clause "a" and "b" of the Application.

[Sharmila U. Deshmukh, J.] sa_mandawgad 1 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 24/07/2025 16:00:03