Idbi Trusteeship Services Limited vs Reliance Infrastructure Limited
2025 Latest Caselaw 3717 Bom

Bombay High Court

Idbi Trusteeship Services Limited vs Reliance Infrastructure Limited on 20 August, 2025

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                                 23-IA-3954-2025.doc


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

                                        INTERIM APPLICATION NO. 3954 OF 2025
                                                         IN
                                       SUMMONS FOR JUDGMENT NO. 8 OF 2025

                    RELIANCE INFRASTRUCTURE LIMITED                       )...APPLICANT
                                                  IN THE MATTER BETWEEN
                    IDBI TRUSTEESHIP SERVICES LIMITED                     )...PLAINTIFF
                             V/s.
                    RELIANCE INFRASTRUCTURE LIMITED                       )...DEFENDANT

                    Mr.Venkatesh Dhond, Senior Advocate a/w. Mr.Prateek Pansare,
                    Mr.D.J.Kakalia, Ms.Bhavna S. Jaipuria, Mr.Paresh Patkar, Mr.Kartik
                    Hede and Ms.Bhakti Chandan i/by Mulla & Mulla and Craigie Blunt &
                    Caroe, Advocate for the Applicant/Defendant.
                    Mr.Naushad Engineer, Senior Advocate a/w. Mr.Aniruddh Gambhir,
                    Ms.Aastha Kaushal and Mr.Karan Sangani, Mr.Sangram Mallik,
                    Advocate for the Respondent/Original Plaintiff.

                                                    CORAM    :    ABHAY AHUJA, J.

                                                    DATE     :    20th AUGUST 2025

                    P.C. :


                    1.       Not on board. Taken on board.

2. This Interim Application seeks condonation of delay of one day in

filing the Affidavit in reply on behalf of the Defendant to the Summons ARTI VILAS KHATATE for Judgment.

23-IA-3954-2025.doc

3. Mr.Dhond, learned Senior Counsel, appears for the Defendant

and submits that although the last date for filing the reply was 11 th July

2025, however, since the reply was filed 29 minutes late, there has

been a delay of one day and that in view of Order 37 Rule 3(7) of the

Code of Civil Procedure, 1908 ("CPC"), this Court may condone the

delay as the same is not intentional. Mr.Dhond draws this Court's

attention to the explanation at paragraphs 4 to 10 of the Interim

Application in support.

4. Mr.Engineer, learned Senior Counsel appearing for the Plaintiff

does not raise any particular objection.

5. Having heard the learned Senior Counsel and having considered

the submissions, this Court is of the view that the Interim Application

be allowed in terms of prayer clause (b) which reads thus :

"(b) the delay of one (1) day in filing the Affidavit in Reply on behalf of the Defendant to the Summons for Judgment be condoned and the Affidavit in Reply be taken on record."

6. Let the reply be filed and served.

7. The Interim Application stands allowed and disposed as above.

23-IA-3954-2025.doc

SUMMONS FOR JUDGMENT NO. 8 OF 2025

8. Let the rejoinder be filed within a period of two weeks with a

copy to the other side.

9. List the Summons for Judgment for hearing on 1st October 2025.

(ABHAY AHUJA, J.)