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
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