Variegate Realestate Pvt. Ltd vs Ecap Equities Limited
2023 Latest Caselaw 11071 Bom

2023:BHC-OS:12553


                                            5. IAL 29159-23 in SJL 27065-23 in COMSS 35-23.doc


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

                                      INTERIM APPLICATION (L) NO. 29159 OF 2023
                                                        IN
                                    SUMMONS FOR JUDGMENT (L) NO. 27065 OF 2023
                                                        IN
                                      COMMERCIAL SUMMARY SUIT NO. 35 OF 2023


                    Variegate Real Estate Pvt. Ltd.                        ...Applicant/Defendant
                          V/s.
                    Ecap Equities Ltd.                                     ...Respondent/Plaintiff



                    Mr. Aman Kacheri with Ms. Sakshi Dube i/b Agarwal and Dhanuka
                    Legal for Applicant/Defendant.
                    Mr. Jehaan Mehta with Ms. Dhrishti Bhindora i/b Manilal Kher Ambalal
                    & Co. for Respondent/ Plaintiff.

                                           CORAM           :       ABHAY AHUJA, J.

                                           DATE            :       26th October, 2023


                    P.C. :

1. This is an application seeking condonation of delay of 10 days in

filing the reply to the summons for judgment in the above suit.

2. Mr. Kacheri, learned Counsel for the Interim Applicant would

submit that the delay is due to inadvertent reasons, that the authorised

representative of the applicant was traveling and therefore receiving

appropriate instructions and collating the important documents for

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5. IAL 29159-23 in SJL 27065-23 in COMSS 35-23.doc

filing the affidavit in reply took some time. Learned Counsel would

submit that the delay has not been intentional and the applicant has

acted diligently with reasonable speed. That it is only due to

unavailablity of the authorised representative that the reply could not

be submitted in time. Learned Counsel would submit that the reply is

served on 15th October, 2023 upon the learned Advocate for the

Plaintiff and e-filed on 16th October, 2023 along with the interim

application for condonation of delay.

3. Learned Counsel for the Respondent in the interim application

and the plaintiff in the suit, have filed an affidavit in reply raising

objections in the matter.

4. Mr. Mehta, learned Counsel for the plaintiff/Respondent in the

interim application would submit that in the event this Court is inclined

to condone the delay some costs may be imposed.

5. Having heard the learned Counsel and having perused the

application as well as reply, this Court is of the view that there is

sufficient cause for condoning the delay of 10 days in filing the reply.

However, considering that the interim applicant is also a corporate,

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5. IAL 29159-23 in SJL 27065-23 in COMSS 35-23.doc

duly advised by professionals, this Court is of the view that the delay be

condoned, subject to costs of Rs. 10,000/- (Rs. Ten Thousand Only) to

be paid to the High Court Law Library (Original Side), within a period

of two weeks.

6. The application is allowed as above in terms of prayer clause

(a). Let the affidavit in reply be taken on record by the Registry.

7. Application stands disposed of.

                                                                           (ABHAY AHUJA, J.)




                               Nikita Gadgil                                                             3/3

Signed by: Nikita Gadgil
Designation: PA To Honourable Judge
Date: 26/10/2023 21:17:23