Zenith Enterprises v. Vinesh Rasmikant Shah

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.4250 OF 2025 IN APPEAL (L) NO.21519 OF 2025 IN CHAMBER SUMMONS NO.397 OF 2019 IN SUIT NO.463 OF 2016 Zenith Enterprises .. Applicant In the matter between:- Zenith Enterprises .. Appellant UTKARSH KAKASAHEB BHALERAO

Versus

UTKARSH KAKASAHEB BHALERAO Date: 2025.10.27 11:44:45 +0530 Vinesh Rashmikant Shah & Ors.

.. Respondents Ms.Veena Khatri, Advocate for the Applicant.

Mr.Rohaan Cama a/w Anish Karande, Danish Qureshi i/b Mahimtura and Co., Advocates for Respondent No.1 to 4. Mr.Harinder Toor (through V.C.) a/w Roshan D'sa i/b Purnima Bhatia, Advocates for Respondent Nos.5 and 6.

CORAM

: B. P. COLABAWALLA & AMIT S. JAMSANDEKAR, JJ.

DATE : OCTOBER 17, 2025 P. C.

1.

The above Interim Application is filed seeking a condonation of delay of 199 days in filing the above Appeal. 2.

Having heard the learned counsel for the parties and for the reasons stated in the above Interim Application, we hereby condone the delay in filing the above Appeal.

3.

We make it clear that by allowing the Application for condonation of delay will not in any way affect any argument canvassed on behalf of Respondent Nos.1 to 4 regarding the maintainability of the above Appeal, and more particularly, their argument that the impugned order has been accepted not only by Original Defendant Nos.1 and 2 but also by the Appellant herein (the Applicants in Chamber Summons No.397 of 2019).

4.

Now that the delay is condoned, all other office objections in the above Appeal shall be removed by the advocates for the Appellants within a period of 4 weeks from today, failing which the above Appeal shall stand dismissed without further reference to the Court.

5.

The above Interim Application is accordingly disposed of. However, there shall be no order as to costs. 6.

Personal Assistant of this Court. All concerned will act on production by [AMIT S. JAMSANDEKAR, J.] [B. P. COLABAWALLA, J.]