Uday Vinaychandra Shah And ORS v. Vivek Madhavlal Pittie

Renuka 18-wp-1000-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1000 OF 2026 Uday Vinaychandra Shah And Ors.

...Petitioners

V/s.

Vivek Madhavlal Pittie

...Respondent

________________ Mr. Pradyumna Sharma with Ms. Bhavika S. Hodar and Ms. Nishi Jain for Petitioners.

Ms. Indira Reddy for Respondent.

________________ CORAM: SANDEEP V. MARNE, J.

DATED: 15 APRIL 2026.

P.C.:

1) The Petition challenges order dated 27 October 2025 passed by the learned Judge, Small Causes Court at Mumbai rejecting the Application at Exh-125 taken out by the Petitioners/Defendant Nos. 30(a) to 30(c) seeking condonation of delay in filing the written statement.

2) There is no dispute to the position that the suit summons was received by the Defendant Nos. 30(a) to 30(e) on 13 August 2024. The Application for condonation of delay in filing the written statement is filed in September 2025. No doubt there is delay of over a year in seeking condonation of delay in filing written statement. At the same time it is seen that the suit has not progressed. It is still pending at the stage of causing service on Defendant Nos. 16(a) and 16(e). The issues are yet to Page No.

1 of 15 APRIL 2026

Renuka 18-wp-1000-2026 be framed. In that view of the matter permitting Petitioners to file written statement at this stage would not cause a serious prejudice to the Plaintiff. In my view therefore, the Trial Court ought to have permitted filing of written statement after putting the Petitioners to appropriate terms.

3) Considering, the facts and circumstances of the case, in my view, Petitioners can be permitted to file written statement upon imposition of costs of Rs. 25,000/-.

4) Accordingly, I proceed to pass following order:- (i) Order dated 27 October 2025 passed on Application at Exh-125 is set aside.

(ii) Delay in filing of written statement is condoned subject to payment of costs of Rs. 25,000/- by Petitioners. (iii) The costs to be deposited within a period of four weeks in the Trial Court with liberty to the Plaintiff to withdraw the same. (iv) It is made clear that deposit of costs within stipulated time shall be condition precedent for the Trial Court for taking written statement of Petitioners on record.

5) With the above directions the Petition is allowed and disposed of.

[SANDEEP V. MARNE, J.] Page No.

2 of 15 APRIL 2026