Created by Fuzzy Cloud

Bombay High Court

KANAKIA SPACES REALTY PRIVATE LIMITEDversusHIMANSHU BABUBHAI KANAKIA

Decided
Disposal
DISPOSED OFF

Holding

The court held that the delay was condonable and granted the application for condonation of delay.

Summary

The defendants in Suit No. 174 of 2025 filed an interim application seeking condonation of a 13‑day delay in filing their written statement. The application was duly served on the plaintiff, Miami Residents Co‑op. Hsg. Socy. Ltd., but the plaintiff did not appear. The learned judge heard counsel for the defendants, examined the application, and was satisfied that sufficient cause existed for the delay. Consequently, the judge allowed the interim application and granted the condonation of delay as prayed for. The order was pronounced on 23 September 2026.

Issues considered

  • Whether a delay of 13 days in filing the written statement can be condoned under the Civil Procedure Code.

Subjects

  • condonation of delay
  • written statement
  • interim application
  • civil procedure
  • high court

Judgment

                                                              1/1               44-IA-3554-2026 (OS).DOC
        Digitally
        signed by
        VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE    Date:
        2026.09.28
        10:06:59
        +0530


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           ORDINARY ORIGINAL CIVIL JURISDICTION


                                           INTERIM APPLICATION NO. 3554 OF 2026
                                                               IN
                                                     SUIT NO. 174 OF 2025
                     Kanakia Spaces Realty Private Limited & Ors.                          ...Applicants
                     In the matter between:
                     Miami Residents Co-op. Hsg. Socy. Ltd.                                ...Plaintiff
                               Versus
                     Kanakia Spaces Realty Private Limited & Ors.                          ...Defendants
                                                            _______
                     Mr. Shrikant Seegarla a/w Mr. Advait Gawde i/b RMG Law Associates, for the
                     Applicants/Defendants.
                                                            _______


                                                                    CORAM : ARIF S. DOCTOR, J.
                                                                    DATE    : 23rd SEPTEMBER, 2026


                     P.C.
                     1.        The present Interim Application seeks condonation of delay of 13 days in

                     filing the Written Statement of the Defendants. This Interim Application has

                     been duly served upon the other side. Despite which, none has appeared.

                     2.        Having heard learned counsel and having perused the Interim

                     Application, I find that sufficient cause has been made out to condone the delay.

                     In my view, the Interim Application would have to be allowed and is accordingly

                     allowed in terms of prayer clause (b).



                                                                                   [ARIF S. DOCTOR, J.]



                     Vaibhav


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.