Vraj Iron And Steel Limited v. Viraj Profiles Pvt Ltd
33 IA-7693-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 7693 OF 2025 IN COMMERCIAL SUIT NO. 90 OF 2025 Vraj Iron And Steel Limited ...Applicant In the matter between :
Viraj Profiles Pvt Ltd ...Plaintiff
Versus
Vraj Iron And Steel Limited ...Defendant WITH COMMERCIAL SUIT NO. 90 OF 2025 ------ Ms. Shilpa Kapil, Ms. Aishwarya Mall for Plaintiff . Ms. Laher Shah, Mr. Jayesh Kalbere, Ms. Hasti Parekh i/b Ms. Laher Shah for Defendant.
------ CORAM : SHARMILA U. DESHMUKH, J.
DATE : JANUARY 19, 2026.
P. C. :
Interim Application No. 7693 of 2025 :
1.
Interim Application has been preferring seeking condonation of delay in filing the Written Statement.
2.
Learned counsel for Applicant submits that the period of 120 days expires tomorrow. She would further submit that Defendant's Managing Director was travelling for work-related commitments and as Sairaj 1 of
33 IA-7693-2025.doc such was unable to give timely instructions for finalizing the Written Statement and by reason thereof, delay has occurred. 3.
Learned counsel appearing for Respondent-original Plaintiff opposes the application as there is no sufficient explanation for delay. 4.
The filing of the Written Statement has been delayed for which there is sufficient explanation tendered in the Interim Application. The period of 120 days has not yet been expired and the Application has been filed before the said date.
5.
For the reasons stated in Interim Application, the Interim Application is allowed. The Written Statement is directed to be taken on record.
Commercial Suit No. 90 of 2025 :
6.
Learned counsel for Defendant submits that the suit has been wrongly numbered as Commercial Suit whereas the same should be numbered as Commercial IPR Suit.
7.
Both parties agree that the subject-matter of the suit is infringement of intellectual property rights. 8.
Learned counsel for Plaintiff to take appropriate steps to ensure that the suit is properly categorised.
9.
At the request of learned counsel for Plaintiff, stand over to 27th January, 2026 (directions).
[SHARMILA U. DESHMUKH, J.] Sairaj 2 of