Bombay High Court
DILIP SHANTILAL SHANGHVIversusHDFC BANK LTD
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court condoned the delay in filing the written statements, recalled the earlier orders declaring the suit undefended, and imposed a cost of Rs.5,000 on each defendant.
Summary
The plaintiffs, Mr. Prashant Mehta and others, filed suit No.156 of 2024 against HDFC Bank Ltd. and other defendants. Defendants No.24 and No.19 filed interim applications seeking condonation of delays of 88 and 126 days respectively in filing their written statements, and requested recall of earlier orders that had declared the suit "undefended" against them. The Court examined the submissions and, applying principles of procedural law, allowed the condonation of the delays subject to each defendant paying Rs.5,000 costs to a designated welfare fund. Consequently, the earlier orders dated 22‑06‑2026 and 21‑07‑2026 were recalled and the written statements were taken on record. The interim applications were disposed, and the suit was listed for further orders on 3 November 2026.
Issues considered
- Whether the delay of 88 and 126 days in filing written statements can be condoned under the Civil Procedure Code.
- Whether the earlier orders declaring the suit undefended should be recalled upon condonation of delay.
- Whether the defendants should be ordered to pay costs as a condition of condonation.
Subjects
- condonation of delay
- written statement
- undefended suit
- costs
- interim application
- Civil Procedure Code
Judgment
P.H. JAYANI 09 SUIT156.2024.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 156 OF 2024
Mr. Prashant Mehta and anr. …. Plaintiffs
Vs.
HDFC Bank Limited and Ors. …. Defendants
WITH
INTERIM APPLICATION NO. 4003 OF 2026
IN
SUIT NO. 156 OF 2024
Jagati Publications Ltd. …. Applicant
In the matter between :-
Mr. Prashant Mehta and anr. ….. Plaintiffs
Vs.
K. Ashar and Co., Mumbai and Ors. …. Defendants
WITH
INTERIM APPLICATION NO. 5977 OF 2026
IN
SUIT NO. 156 OF 2024
Dilip Shantilal Shanghvi …. Applicant
In the matter between :-
Mr. Prashant Mehta and anr. ….. Plaintiffs
Vs.
H.D.F.C. Bank Ltd. and Ors. …. Defendants
WITH
INTERIM APPLICATION NO. 5552 OF 2025
IN
SUIT NO. 156 OF 2024
HDFC Bank Limited …. Applicant
In the matter between :-
Mr. Prashant Mehta and anr. ….. Plaintiffs
Vs.
K. Ashar and Co., Mumbai and Ors. …. Defendants
WITH
INTERIM APPLICATION NO. 3867 OF 2025
WITH
INTERIM APPLICATION NO. 3878 OF 2025
WITH
INTERIM APPLICATION NO. 3885 OF 2025
IN
SUIT NO. 156 OF 2024
Prashant Mehta and anr. …. Applicants
In the matter between :-
Mr. Prashant Mehta and anr. ….. Plaintiffs
Vs.
Page 1 of 3
P.H. JAYANI 09 SUIT156.2024.DOC
K. Ashar and Co., Mumbai and Ors. …. Defendants
WITH
INTERIM APPLICATION NO. 1406 OF 2025
IN
SUIT NO. 156 OF 2024
Dilip Shantilal Shanghvi …. Applicant
In the matter between :-
Prashant Mehta and anr. …. Plaintiffs
Vs.
HDFC Bank Ltd. and Ors. …. Defendants
-----------------------------------
Mr. Mohit Jagiasi a/w. Mr. Darshil Shah and Mr. Rajesh Ranglani
i/b. Mr. Monish Bhatia for the Plaintiffs.
Mr. Vikram Kamath i/b. Phoenix Legal for Defendant No.6 in Suit
No.156 of 2024 and for the Applicant in IA/5552/2025.
Adv. Kriti Kalyani a/w. Mr. Chintan Gandhi i/b. Shardul
Amarchand Mangaldas & Co. for Defendant Nos.7 to 10 and for
the Applicant in IA/3238/2024.
Ms. Manisha Prajapati i/b. Mr. Dhiren Shah for Defendant Nos.16
and 18 in Suit No.156 of 2024.
Mr. Aarshad Shaikh, Sr. Advocate a/w. Mr. Netaji Gawde and
Ms. Nidhi Bhoir i/b. M/s. Sanjay Udeshi and Co. for Defendant
No.19 in Suit No.156 of 2024 and for the Applicant in
IA/1406/2025 and in IA/5977/2026.
Mr. Neelanshu Roy i/b. Adv. Mayank Samuel for the Applicant in
IA/4003/2026 and for Defendant No.24 in Suit No.156 of 2024.
-----------------------------------
CORAM: SHYAM C. CHANDAK, J.
DATED : 6th OCTOBER, 2026
P.C. :-
Order in IA/4003/2026 and in IA/5977/2026 :-
1. Heard learned Counsel for the parties.
2. The Applicants (Original Defendant Nos.24 and 19) seek to
condone the delay of 88 and 126 days, respectively, in filing their
written statements and to recall the Orders dated 22.06.2026 and
Page 2 of 3
P.H. JAYANI 09 SUIT156.2024.DOC
21.07.2026 placing the Suit in the category of “ Undefended Suits ”
against the said Defendants.
3. Considering the submissions made by the learned Counsel
for the parties, the delay of 88 and 126 days in filing the written
statements, is condoned, subject to payment of costs of Rs.5,000/-
by each Defendant within one week from the date of uploading of
the present Order on an Official website of this Court. The costs be
paid in the following fund and the details of the bank account for
payment of cost are as under :-
Saving Account Name :- Armed Forces Battle Casualties Welfare
Fund (AFBCWF)
Bank Name :- Canara Bank Ltd. DoD, South Block
Branch Name :- South Block, Defence Headquarters,
New Delhi – 110011.
S/v. Account Number :- 90552010165915
IFSC Code :- CNRB0019055
3.1 Consequently, the Orders dated 22.06.2026 and 21.07.2026,
stand recalled. Since the written statements are enclosed with the
aforesaid Applications, the Registry to take the same on the record
of the Suit.
4. IA/4003/2026 and IA/5977/2026 stand disposed of.
Order in S/156/2024 :-
5. List the Suit ‘for Orders/directions’ on 3rd November, 2026
at 3:00 p.m.
Order in IA/3238/2024, IA/1406/2025, IA/5977/2026 and in
IA/5552/2025 :-
6. List the aforesaid Interim Applications ‘for hearing’ on
3rd November, 2026 at 3:00 p.m.
PREETI (SHYAM C. CHANDAK, J.)
HEERO
JAYANI
Digitally signed by
PREETI HEERO
JAYANI Page 3 of 3
Date: 2026.10.07
19:22:37 +0530
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