Bombay High Court
VSJ INVESTMENTS PRIVATE LIMITEDversusTORAL VIRAL MEHTA
- Decided
- Disposal
- DISPOSED OFF
Holding
The court allowed the interim application and granted condonation of the delay.
Summary
The plaintiff, Toral Viral Mehta, sued VSJ Investments Private Limited and another defendant. The defendant filed an interim application seeking condonation of a 50‑day delay in filing its written statement, citing the complexity of documents received after a merger and pending proceedings in other forums. The plaintiff opposed the condonation but indicated no intention to file a reply affidavit. The judge found that the delay was unintentional, that no prejudice would be caused to the plaintiff, and that justice would be best served by allowing the condonation on payment of costs. Accordingly, the interim application was allowed, costs were imposed, and the matter was listed for further directions.
Issues considered
- Whether the court may condone a 50‑day delay in filing the written statement under the provisions of the Civil Procedure Code.
Subjects
- condonation of delay
- written statement
- interim application
- civil procedure
- successor in interest
- merger
- loan documents
Judgment
1/3 5-S-9-2025 (OS).DOC
Digitally
signed by
MOHAMMAD
MOHAMMAD AREEB
MOHD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AREEB
MOHD AKBAR
AKBAR Date:
2026.08.31
14:32:03
ORDINARY ORIGINAL CIVIL JURISDICTION
+0530
SUIT NO. 9 OF 2025
VSJ Investments Private Limited & Anr. ...Applicants
In the matter between:
Toral Viral Mehta ...Plaintiff
Versus
VSJ Investments Private Limited & Anr. ...Defendants
WITH
INTERIM APPLICATION NO. 2487 OF 2025
IN
SUIT NO. 9 OF 2025
WITH
INTERIM APPLICATION NO. 4168 OF 2025
IN
SUIT NO. 9 OF 2025
_______
Mr. Ryan D’Souza a/w Ms. Astha Ojha i/b DSK Legal for the Applicant in
IA/2487/2025 and for Defendants in S/9/2025.
Ms. Vidisha Rohira a/w Ms. Sabeena Mahadik and Mr. Pankaj Uttaradhi for the
Plaintiff.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 29th AUGUST, 2026
P.C.
1. This Interim Application seeks condonation of delay of 50 days in filing
the Written Statement on behalf of Defendant No.1.
2. Ms. Rohira, learned Counsel appearing on behalf of the Plaintiff, opposes
the Application for condonation of delay. However, she submits that the Plaintiff
Areeb
2/3 5-S-9-2025 (OS).DOC
does not wish to file a Reply Affidavit.
3. I am satisfied that sufficient cause has been shown for condonation of the
delay after having heard the learned Counsel and having considered the
averments set out in paragraphs 3 and 4 of the Interim Application, which read
as under:
“3. The Applicant / Original Defendant No.1 respectfully submits that there
is an unintentional and non-deliberate delay of 50 days in filing the Written
Statement. By an order dated June 7, 2021, passed by the Hon'ble National
Company Law Tribunal, Mumbai Bench, the resolution plan submitted by
Piramal Capital and Housing Finance Limited ("PCHFL") in respect of Dewan
Housing Finance Corporation Limited (“DHFL") was approved and is effective
from September 30, 2021, pursuant which PCHFL reverse merged with
DHFL. A copy of the order dated June 7, 2021, is annexed hereto as Exhibit
"A". Thereafter, on November 3. 2021, the name of DHFL was changed to
PCHFL and a certificate of incorporation in that respect has been issued by
Registrar of Companies, Mumbai. A copy of the certificate of incorporation
pursuant to change of name dated November 3, 2021, is annexed hereto as
Exhibit "B". The Defendant No. 1 is the successor in interest of PCHFL under
Assignment Deed dated July 14, 2022. Consequent to the said merger and
the assignment of the loan transaction to Defendant No.1, a voluminous set
of loan-related documents was received from PCHFL. The volume and
complexity of these documents required detailed scrutiny and consideration
for the purpose of preparing the Written Statement, thereby contributing to
the delay in its finalization and filing.
4. The Applicant / Original Defendant No.1 further submits that there are
proceedings pending before various forums in relation to the Impugned
Documents, which necessarily had to be taken into consideration and
appropriately dealt with in the Written Statement. These proceedings
include, inter alia, matters before the Hon'ble Debt Recovery Tribunal, and
the Court of the Learned Chief Metropolitan Magistrate, all of which involve
overlapping facts, parties, and issues. The Applicant respectfully submits that
it was imperative to carefully review the pleadings, interim orders, and
outcomes in those proceedings so as to avoid any inconsistency and to ensure
that the Written Statement placed before this Hon'ble Court is both
comprehensive and accurate. This exercise required extensive coordination
Areeb
3/3 5-S-9-2025 (OS).DOC
and discussions and, as a result, contributed to a further, though wholly
unintentional, delay in finalizing and filing the Written Statement. The
Applicant craves leave to refer to the relevant proceedings and documents, if
the need arises or directed by this Hon'ble Court.”
4. In my view, the substantive interests of justice would best be served if the
delay is condoned. No prejudice would, in my view, be caused to the Plaintiff if
the delay is condoned on payment of costs.
5. In view of the above, the Interim Application is allowed, subject to
payment of costs of Rs.15,000/-. Accordingly costs to be paid to the High Court
Employees Medical Welfare Fund. Account details of which are as follows:
Account Name : The High Court Employees Medical Welfare
Fund at Mumbai.
Bank Name : Bank of India, Mumbai (Main) Branch.
Account No. : 000120110001337.
IFSC Code : BKID0000001.
6. The Interim Application No. 2487 of 2025 is accordingly allowed and
disposed of, in the above terms.
7. List Suit on 23rd September, 2026 for directions.
[ARIF S. DOCTOR, J.]
Areeb
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