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Bombay High Court

HEMAVANDA B. NAMDARIANversusDESIGNATED OFFICER, EXECUTIVE ENGINEER (BUILDING AND FACTORY) AND ANOTHER

Decided
Disposal
Allowed

Holding

The High Court allowed the interim application, granting a three‑week extension to file the affidavits and staying the dismissal, with no further extensions.

Summary

The applicant filed an interim application seeking an extension of time to file affidavits in lieu of examination‑in‑chief, after missing the deadline set by the High Court on 18 April 2026. The trial court had scheduled the matter for dismissal on 30 July 2026 for non‑compliance, but the applicant argued that his recent appointment and the voluminous record prevented timely filing. The High Court noted that, although interim applications are generally not permitted in disposed matters, the peculiar facts warranted a limited grace period. The court granted a three‑week extension to file the affidavits and stayed any dismissal pending compliance, while refusing any further extensions. The trial court was directed to proceed with the suit in accordance with law and to aim for an expeditious disposal.

Issues considered

  • Can an interim application be entertained in a matter where dismissal proceedings have been initiated?
  • Whether the High Court may grant a further extension of time for filing affidavits in lieu of examination‑in‑chief despite the applicant’s failure to meet the original deadline?
  • Whether the dismissal order can be stayed pending the outcome of the interim application?

Subjects

  • extension of time
  • interim application
  • affidavit in lieu of examination‑in‑chief
  • civil procedure
  • stay of dismissal
  • High Court of Bombay

Judgment

                                                                                                 30-IA-6205-26 IN AO (1).DOC



  JYOTI                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  RAJESH                                    CIVIL APPELLATE JURISDICTION
  MANE
Digitally signed by
JYOTI RAJESH MANE
Date: 2026.08.20
                                           INTERIM APPLICATION NO. 6205 OF 2026
11:10:27 +0530
                                                           IN
                                            APPEAL FROM ORDER NO. 197 OF 2021


                      Hemavanda B. Namdarian                                             … Applicant

                      In the matter between:
                      Hemavanda B. Namdarian                                             ...Appellant

                            Versus
                      Designated Officer, Executive
                      Engineer (Building And
                      Factory) And Another                                               ...Respondents

                                                           _______
                      Mr. Satish R. Mishra, a/w. Ms. Simran Shirvoikar, for Applicant.
                      Mr.    Dharmesh        Vyas     (Through       V.C.)a/w.     Ms.     Smita    Tondwalkar,         for
                      Respondent/BMC.
                                                                  _______

                                                       CORAM:           AARTI SATHE, J.

                                                         DATE:          17 AUGUST 2026

                      P.C.

                      1.           This interim application has been filed praying for the following

                      reliefs:-

                             a. That this Hon'ble Court be pleased to extend the time stipulated under clause
                             (i) of the operative order passed in Appeal From Order No. 197 of 2021 for filing
                             the Affidavits) in lieu of Examination-in-Chief before the learned City Civil
                             Court, Mumbai, by a further period of 4 weeks, or for such further period as this
                             Hon'ble Court may deem fit and proper.
                             b. That this Hon'ble Court be pleased to clarify that, upon such extension, the
                             Applicant shall be entitled to file the Affidavits) in lieu of Examination-in-Chief
                             before the learned City Civil Court, Mumbai, and that the learned Trial Court
                             may proceed with the Suit in accordance with law.
                             c. Pending the hearing and final disposal of the present Interim Application, this
                             Hon'ble Court be pleased to stay the dismissal or any coercive action in L.C. Suit




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                                                                    30-IA-6205-26 IN AO (1).DOC



       No. 156 of 2021 on the ground of non-filing of the Affidavit(s) in lieu of
       Examination-in-Chief.
       d. For such other and further reliefs as this Hon'ble Court may deem
       fit in the facts and circumstances of the case.


2.           By an order dated 18th April 2026 passed by a Co-ordinate Bench of

this Court, the Applicant/Original Plaintiff was directed to file the Affidavit in lieu

of examination-in-chief of all its witnesses as expeditiously as possible and, in any

event, not later than 7th May 2026 before the Trial Court. The Trial Court was

further directed to hear and dispose of the Suit at the earliest, and preferably before

15th June 2027. It was also directed that none of the parties shall seek unnecessary

adjournments before the Trial Court, and that all parties shall extend full co-

operation to ensure that the trial proceeds within the stipulated timeline.

3.        Learned counsel for the Applicant/Original Plaintiff, Mr. Satish R. Mishra,

has brought to my attention an order dated 16th July 2026 passed by the Trial

Court, wherein it has been categorically recorded that the direction issued by the

Co-ordinate Bench of this Court on 18th April 2026 to file the Affidavit in lieu of

examination-in-chief of all the witnesses was not complied with within the

stipulated period ending on 7th May 2026. It is further recorded that, even on the

said date, none appeared on behalf of the Applicant/Original Plaintiff before the

Trial Court. The Trial Court, therefore, directed that the matter be placed on 30th

July 2026 under the caption “For Dismissal”.

4.           On 30th July 2026, appearance was entered on behalf of the

Applicant/Original Plaintiff before the Trial Court, and it was submitted that the

present Interim Application had been filed before this Court and was to be taken



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up for circulation on 13th August 2026. In view of the pendency of the present

Interim Application, the Trial Court thought it appropriate not to pass any adverse

orders in the Suit. The orders dated 16th July 2026 and 30th July 2026 passed b

the Trial Court are taken on record.

5.     Learned counsel appearing on behalf of the Applicant/Original Plaintiff

submitted that, after the passing of the order dated 18th April 2026, by this Court

he was engaged in the matter and, being newly appointed, was required to peruse

and familiarise himself with the voluminous records and proceedings. It was

submitted that, in view thereof, the Applicant could not comply with the direction

to file the Affidavit in lieu of examination-in-chief within the stipulated time, i.e.,

on or before 7th May 2026.

6.         This Court is aware of the position in law that an Interim Application

cannot ordinarily be filed in a disposed of matter, in view of the judgment in the

case of State of UP Vs. Shri Brahm Datt Sharma 1. However, having regard to the

peculiar facts and circumstances of the present case and the explanation furnished

by the Applicant/Original Plaintiff in the Interim Application, this Court is of the

view that, as a last opportunity, a reasonable extension of time ought to be granted

to the Applicant/Original Plaintiff to comply with the directions issued by this

Court on 18th April 2026.

7.     No further extension of time shall be granted. In view thereof, the Interim

Application is allowed in terms of prayer clause (a). The time granted to the

Applicant to file the Affidavit in lieu of examination-in-chief before the learned

1 AIR 1987 SC 943


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City Civil Court is extended by a further period of three weeks from today. The

trial shall thereafter proceed in accordance with law.

8.     Considering the aforesaid extension, the timeline fixed by this Court by

order dated 18th April 2026 for disposal of the suit also be reasonably extended

with an endeavour to dispose of the suit as expeditiously as possible.

9.     The Interim Application is disposed of in the aforesaid terms. There shall be

no order as to costs.

10.    This order shall not be construed as a precedent in any other pending matter

and has been passed having regard to the peculiar facts and circumstances of the

present case.




                                            (AARTI SATHE, J.)




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