Bombay High Court
GIRI RESIDENCY CO-OPERATIVE HOUSING SOCIETY LIMITEDversusGIRILAL AND CO.
- Decided
- Disposal
- DISPOSED OFF
Holding
The court condoned the delay in filing the written statements and allowed the interim applications.
Summary
The applicants, Giri Residency Co-Operative Housing Society Ltd. and others, filed Interim Application No. 3346 of 2026 seeking condonation of a seven‑day delay in filing their written statement in Suit No. 88 of 2026. The plaintiffs' counsel also indicated that no reply affidavit would be filed. The court, after hearing counsel and reviewing the application, found sufficient cause for the delay and allowed the application. A second interim application, No. 4550 of 2026, was filed by the defendants (Nos. 1, 2 and 3) seeking condonation of a two‑day delay in filing their written statement, with the same stance on reply affidavits. The court again found sufficient cause and allowed the application, disposing of both applications in favour of the parties.
Issues considered
- Whether the court should condone the delay in filing the written statements of the parties.
Subjects
- condonation of delay
- written statement
- interim application
- civil procedure
- High Court of Bombay
Judgment
1/2 32-IA-3346-2026 (OS).DOC
Digitally
signed by
MOHAMMAD IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MOHAMMAD AREEB
AREEB MOHD
MOHD
AKBAR
AKBAR
Date:
ORDINARY ORIGINAL CIVIL JURISDICTION
2026.10.05
11:04:54
+0530
INTERIM APPLICATION NO. 3346 OF 2026
IN
SUIT NO. 88 OF 2026
Giri Residency Co-Operative Housing Society Ltd. & Anr. ...Applicants
Versus
Girilal And Co. & Ors. ...Defendants
WITH
INTERIM APPLICATION NO. 4906 OF 2026
IN
SUIT NO. 88 OF 2026
_______
Mr. Vijay Poojari a/w Ms. Jaitali Mathuria for the Applicants/ Plaintiffs.
Mr. Karan G. Fafat i/b Jani & Parikh for Defendant Nos. 1, 2 and 3.
Ms. Vidisha Rohira (Through VC) a/w Mr. Pratik Jani a/w Ms. Princee Vaishnav
for Defendant No. 4.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 1st OCTOBER, 2026
P.C.
1. The captioned Interim Application seeks condonation of delay of 7 days in
the filing of the Written Statement.
2. Learned counsel appearing on behalf of the Plaintiffs submits that he does
not wish to file Reply Affidavit.
3. Having heard learned counsel and having perused the Interim
Application I find sufficient cause has been shown to condone the delay.
Areeb
2/2 32-IA-3346-2026 (OS).DOC
4. Accordingly the Interim Application is allowed and disposed of.
INTERIM APPLICATION NO. 4550 OF 2026:
5. Mentioned. Not on Board. Taken on Board.
6. This Interim Application also seeks condonation of delay of two days in
filing of the Written Statement on behalf of Defendant Nos. 1, 2, and 3 in the
captioned Suit.
7. Learned counsel appearing on behalf of the Plaintiffs submits that he does
not wish to file Reply Affidavit.
8. Having heard learned counsel and having perused the Interim
Application I find sufficient cause has been shown to condone the delay.
9. Accordingly the Interim Application is allowed and disposed of in terms
of prayer clauses ‘a’ and ‘b’.
[ARIF S. DOCTOR, J.]
Areeb
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