Kanhaiya Shringar Through Its Proprietor Chandan Kumar v. Manoj Gosai

25-IA-1844-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 1844 OF 2026 IN COMMERCIAL IP SUIT NO. 308 OF 2024 Kanhaiya Shringar Through its Proprietor Chandan Kumar And Ors.

...Applicants

IN THE MATTER BETWEEN

Marico Limited ...Plaintiff

Versus

Manoj Gosai And Ors.

...Defendants ------ Mr. Vipul Dada Patil a/w Ms. Shubha Shirsat i/b Mr. Prashant Kashinath Aher, for the Applicants.

Mr. Anil Shete a/w Ms. Niyati Davawala, Ms. Nidhi Rao, Ms. Chandrika Devda i/b Davawala & Co., for the Plaintiff.

------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : May 06, 2026 P. C. :

1.

Interim Application has been preferred by Defendant Nos. 29, 30 and 32 seeking condonation of delay of 93 days in filing the written statement.

2.

Learned counsel for the Applicant submits that the Applicants are retailers and operating from small shops from which certain bottles Arya

25-IA-1844-2026.doc were recovered by the Plaintiff. She would submit that the Applicants were unable to understand the nature of the proceedings which were in english language, and thereafter, it took time to engage a lawyer and by reason thereof, there is a delay.

3.

Learned counsel for the Respondent opposes the application. It is not disputed that the written statement is filed within the outer limit of 120 days and considering that the Defendants are retailers operating from small shops, the explanation tendered is acceptable. 4.

In light of the above, the delay of 93 days stands condoned. Interim Application is allowed.

[SHARMILA U. DESHMUKH, J.] Arya