Kanayo Khubchand Motwani v. Mohana Kishanchand Thakur

by ARUNA SANDEEP TALWALKAR Date: 2026.03.18 18:19:09 +0530 ARUNA SANDEEP TALWALKAR 1/2 14.IA1051.2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1051 OF 2026 IN SUIT NO. 69 OF 2015 Kanayo Khubchand Motwani.

...Applicant.

In the matter of Kanayo Khubchand Motwani & Ors.

...Plaintiffs.

Versus

Mohana Kishanchand Thakur & ors.

...Defendants.

----- Mr. Vaibhav Charalwar, Mr. Sudarshan Satalkar, i/b. Federal & Co., Advocate for Applicant.

Mr. Husrav Sukhia i/b. M Mulla Associates, Advocate for Defendant Nos. 10 & 11.

Mr. Girish Utangale a/w. Mr. Sarthak Utangale i/b. Utangale & Co., Advocate for Defendant No. 16.

Ms. Gauri Joshi i/b. Ganesh & Co., Advocate for Defendant no. 19. ----- CORAM :

ARIF S. DOCTOR, J.

th MARCH 2026 DATE :

P.C.

By this Application, the Applicant seeks restoration of the Suit which came to be dismissed for default.

2.

The Respondents are served. A fair stand has been taken by the Respondents in the present matter who do not wish to file reply affidavit to oppose having due regard to the avernments made in the Interim Application by which sufficient cause has been shown i.e. plaintiffs' failure to appear before Talwalkar

2/2 14.IA1051.2026.DOC the Court on 26 th November, 2025.

3.

Therefore, in my view, substantive purpose would be served if the suit is restored and heard on merits. Delay in filing Interim Application is also condoned for the reasons set out in the Application. 4.

Hence, the Interim Application is allowed in terms of prayer clauses (a) and (b).

[ARIF S. DOCTOR, J.] Talwalkar