Bombay High Court
Sanghvi Land Developer Pvt Ltd vs Brainer Impex Ltd on 19 December, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
2023:BHC-OS:15117
6. SJL 28462-23 in COMSS 16-23 @ IAL 33771-23 in SJL.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 33771 OF 2023
IN
SUMMONS FOR JUDGMENT (L) NO. 28462 OF 2023
Sanghvi Land Developers Pvt. Ltd. & Ors. ...Applicants
In the matter between
Brainer Impex Ltd. ...Plaintiff
V/s.
Sanghvi Land Developers Pvt. Ltd. & Ors. ...Defendants
WITH
SUMMONS FOR JUDGMENT (L) NO. 28462 OF 2023
IN
COMMERCIAL SUMMARY SUIT NO. 16 OF 2023
Mr. Harjot Singh i/b Ms. Prema Raval for Plaintiff.
Ms. Janhavee Joshi i/b Manmohan Rao for Defendants.
CORAM : ABHAY AHUJA, J.
DATE : 19th DECEMBER 2023
P.C. :
1. This is an application filed by the Defendants seeking
condonation of delay of 33 days in filing reply (leave to defend) to the
summons for judgment filed by the Plaintiff.
2. Learned Counsel for Plaintiff and Defendants would submit that
the summons was served upon the Advocate through email on 14 th
October, 2023, during Navratri festivals. That the authorised
representative of Defendants is responsible for the affairs. As the said
6. SJL 28462-23 in COMSS 16-23 @ IAL 33771-23 in SJL.doc
authorised signatory of the Defendants is a patient of hypertension and
diabetes but as he was unwell for a period of two weeks therefore in
spite of being informed of the service of amended plaint and the
summons for judgment by the Advocate, he was unable to give
instructions to file reply. More so, as alleged the transaction is more
than 10 years old. That therefore the said authorised signatory of the
Defendants was also not in a position to get records and to give
instructions to Advocate for filing reply.
3. Ms. Joshi, learned Counsel for the Defendants draws the
attention of this Court to Exhibit-A, which is a medical certificate. A
perusal of the same indicates that the same is dated 10 th October, 2023
and email containing the amended Plaint and Summons for Judgment
have been received by the Advocate for the Defendants on 14 th October,
2023. The Plaintiff has neither filed any affidavit in reply nor disputed
the fact that the authorised signatory of the Defendants was unwell for
a period of two weeks around 10th October, 2023.
4. I have no reason to disbelieve the submissions on behalf of the
Defendants, although, Mr. Singh, learned Counsel for the Plaintiff
registers his formal objection.
6. SJL 28462-23 in COMSS 16-23 @ IAL 33771-23 in SJL.doc
5. In this view of the matter, I am inclined to allow the application.
Delay of 33 days in filing the reply to the summons for judgment is
condoned. The application is allowed in terms of prayer clause (a)
which reads thus :
(a) Condone the delay of 33 days in filing reply (leave
to defend) and the reply (leave to defend) be extended
and the accompanied reply (leave to defend) be taken on
record.
6. Registry to accept the reply. Accordingly, Interim Application
stands disposed of in above terms.
Summons for Judgment (L) No. 28462 of 2023
7. Mr. Singh, learned Counsel for the Plaintiff requests for time to
file rejoinder to the reply.
8. Let the rejoinder be filed by 17 th January, 2024, with a copy to
the other side.
9. List on 17th January, 2024 for hearing of summons for judgment.
(ABHAY AHUJA, J.)
