Bombay High Court
SONI TOWER CO. OPERATIVE HOUSING SOCIETY LIMITEDversusM/S. SONI AND ASSOCIATES AND ANOTHER
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
The Court granted an extension of time, allowing the affidavit to be filed by 10 April 2026.
Summary
The appellant, Soni Tower Co-operative Housing Society, was ordered on 4 March 2026 to file an Affidavit of Evidence before the Trial Court by 23 March 2026. The society's administrator, however, could not sign the affidavit as its contents were beyond her personal knowledge and sought permission to have a society member testify in her stead, requiring further approval from the Co-operative Court. The appellant therefore applied for an extension of time to file the affidavit. The Court, exercising its discretion as a last opportunity, extended the deadline to 10 April 2026 while keeping the other earlier directions intact. The order disposes of the interim application and allows the society to comply with the evidence filing requirement.
Issues considered
- Whether the appellant is entitled to an extension of time for filing the Affidavit of Evidence.
- Whether the administrator's inability to sign the affidavit necessitates court permission for a substitute witness.
Subjects
- interim application
- affidavit of evidence
- extension of time
- co-operative housing society
- procedural law
Judgment
901. IA 1688.2026
Soni Tower CHS. vs. Soni & Assoc.
Digitally signed
JYOTI by JYOTI
PRAKASH
PRAKASH PAWAR
Date:
PAWAR 2026.03.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
13:20:50 +0530
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1688 OF 2026
IN
APPEAL FROM ORDER NO. 176 of 2024
Soni Towar Co-operative Housing
Society Limited … Applicant/Appellant
(Orig. Plaintiff)
V/s.
M/s. Soni & Associates & Anr. … Respondents
(Orig. Defendants)
_______________________________________
Mr. Karan Jakhar i/b. L.J. Law for the Applicant/Appellant
Ms. Kashvi Ail i/b. Rajesh Kachare for Respondent no.1
Ms. Neeta Jadhav i/b. Ms. Komal Punjabi for Respondent no.2 - BMC
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 24th MARCH 2026
P.C. :
1. By an order dated 4th March 2026, the Appellant was directed to
file an Affidavit-of-Evidence of its witness before the Trial Court on or before
23rd March 2026 and the statement to that effect by its Counsel was recorded
and accepted in the said order.
2 Today, Mr. Karan Jakhar, learned Counsel who appears for the
Appellant states that though the draft of the Affidavit-of-Evidence is prepared
Page 1 of 2
-------------------------------------
Order dated 24th March 2026
901. IA 1688.2026
Soni Tower CHS. vs. Soni & Assoc.
and ready, the Administrator who is appointed in respect of the Plaintiff-
Society is not in a position to put her name on the said Affidavit since its
contents are beyond her personal knowledge and therefore, she has sought
liberty to permit a member of the Plaintiff-Society to lead evidence before the
Trial Court in her place. For this, the Administrator is stated to require
permission from the Co-operative Court and hence, the Appellant has sought
an extension of time.
3. Considering this, as and by way of a last chance, time for the
Plaintiff-Society to file their Affidavit-of-Evidence before the Trial Court is
extended and the same shall be filed no later than 10 th April 2026. The other
directions contained in the order dated 4th March 2026 shall remain in force.
4. Praecipe is disposed of in terms of this order.
( FARHAN P. DUBASH, J. )
Jyoti Pawar
Page 2 of 2
-------------------------------------
Order dated 24th March 2026
Checking your session…