Adi Burjorji Siganporia v. Jimmy Ruttanshaw Guard

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1676 OF 2025 IN SUIT NO. 43 OF 2025 by JYOTI PRAKASH PAWAR Date:

2026.03.04 21:03:52 +0530 JYOTI PRAKASH PAWAR Parvez Phiroze Guard and Anr.

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Applicants In the matter between:

Parvez Phiroze Guard and Anr.

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Plaintiffs V/s.

Adi Burjorji Siganporia and Ors.

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Defendants And Hdfc Asset Management Company Limited and Anr.

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Respondents WITH INTERIM APPLICATION NO. 854 OF 2026 IN SUIT NO. 43 OF 2025 WITH INTERIM APPLICATION NO. 1638 OF 2025 IN SUIT NO. 43 OF 2025 WITH INTERIM APPLICATION NO. 4379 OF2025 IN SUIT NO. 43 OF 2025 ______________________________________ Mr. Rahul Sarda a/w Mr. Rihal Kazi, Mr. Guru Shanmugam and Ms. Zainab Tinwala i/b M&M Legal Ventures for Org. Plaintiffs. Mr. Zubin Behramkamdin, Senior Advocate a/ Ms. Sakshi Kashyap, Ms. Prapti Shetty & Mr. Prashant Shetty i/b TPS Law for Defendant nos. 1, 2, 3 and 7 and Applicant in IA/854/2026.

Ms. Prachi Singh a/w Mr. Chetan Verma i/b Clove Legal for Respondent no. 2 - NSDL.

_______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE :

27th FEBRUARY 2026 P.C.:

1.

Pursuant to the order dated 4th February 2026, Mr. Zubin Behramkamdin, learned Senior Counsel who appears on behalf of the Defendant nos. 1, 2, 3 and 7, tenders the following Affidavits, which are taken on record:

(i) Second further Affidavit of Disclosure dated 26th February 2026 on behalf of Defendant no. 2.

(ii) Affidavit of Disclosure dated 20th February 2026 on behalf of the Defendant no. 7.

(iii) Second further Affidavit of Disclosure dated 20th February 2026 on behalf of the Defendant no. 1.

2.

Ms. Prachi Singh, learned Counsel who appears on behalf of Respondent no. 2 - NSDL, states that she has also complied with the earlier order dated 4th February 2026 and has e-filed an Affidavit-of-Disclosure dated 23rd February 2026.

3.

Considering that the Affidavit-of-Disclosure which was filed by

NSDL was provided to the parties only during the course of today's hearing, stand over this matter on 12th March 2026 for further consideration under the caption "For Ad-interim Reliefs".

INTERIM APPLICATION NO. 854 OF 2026 4.

The present Interim Application has been preferred by the Applicants who are Original Defendant nos. 1, 2, 3 and 7. By this Interim Application, the Applicants seek that their Written Statements be taken on record and the delay of 54/59 days in filing the Written Statement be condoned.

5.

Having perused the Interim Application this Court is satisfied with the reasons set out therein which warrant condonation of such delay. Accordingly, the Interim Application is allowed in terms of the following order:

ORDER

(i) The delay in filing the Written Statement of 54/59 days is hereby condoned and the Written Statement dated 29th January 2026 on behalf of the Defendant nos. 1, 2, 3 and 7 is hereby taken on record.

(ii) The Interim Application is accordingly disposed of with no order as to costs.

6.

Mr. Zubin Behramkamdin, learned Senior Counsel who appears on behalf of the said Defendants tenders the original Written Statement dated 29th January 2026 and the same is taken on record. ( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil