Prateek Jain vs Bajaj Polyblends Pvt. Ltd., Nagpur
2025 Latest Caselaw 1137 Bom

Citation : 2025 Latest Caselaw 1137 Bom
Judgement Date : 1 August, 2025

Bombay High Court

Prateek Jain vs Bajaj Polyblends Pvt. Ltd., Nagpur on 1 August, 2025

                                                            1                                            wp4101.25.O.odt

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH, NAGPUR

                                  WRIT PETITION NO.4101 OF 2025
                         (Prateek Jain Vs. Bajaj Polyblends Pvt. Ltd., Nagpur)
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Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions                                       Court's or Judge's orders.
and Registrar's Orders.
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                       Mr. A. B. Deshpande, Advocate for Petitioner.

                       CORAM: PRAFULLA S. KHUBALKAR, J.

DATE: 1st AUGUST, 2025.

1. Heard Advocate Mr. Deshpande, learned counsel for petitioner.

2. The petitioner has challenged order dated 25.07.2025 passed by the Court of 13th Joint Civil Judge, Senior Division, Nagpur rejecting the application for condonation of delay in filing application for leave to defend.

3. Learned counsel for the petitioner submits that the petitioner, who is defendant in the summary civil suit has filed an application for leave to defend, which was accompanied with an application for condonation of delay. He submits that the judgment summons was served upon the defendant on 19.07.2023 and the application for leave to defend was required to be filed within ten days in accordance with the provisions of Order 37 Rule 3 sub-rule 5 of the Code of Civil Procedure. Since there was delay in filing the application for leave to defend, the application for condonation of delay was filed in accordance with sub-rule

5. It is submitted that the learned trial Court has rejected the application for condonation of delay by referring to Rule 2 wp4101.25.O.odt

3(3) of Order 37 and by ignoring Rule 3(5) of Order 37 which allows the defendant to file the application for leave to defend within ten days from the date of service of summons for judgment. The impugned order does not consider the provisions of Order 37 Rule 3(5) and wrongly considers the extent of delay from the date of service of suits summons. He submits that on account of rejection of condonation of delay the defendant is deprived from filing his application for leave to defend in which he has raised several grounds of defence. He submits that now after the rejection of the application for condonation of delay the learned trial Court is proceeding to pronounce the judgment and the matter is fixed tomorrow i.e. on 02.08.2025 and therefore, prays for interim relief.

4. In view of this, issue notice to the respondent, returnable after four weeks.

5. In the meantime, interim relief in terms of prayer clause (ii), which is reproduced below:

ii. Grant an ad-interim stay of operation, implementation and execution of the order dated 25/07/2025 passed by the learned 13th Civil Judge, Senior Division, Nagpur in Summary Civil Suit No. 967 of 2020 below Exhibit 23 and 24, and further stay all further proceedings in the said suit, in the interest of justice and equity;