[Cites 1, Cited by 0]
Bombay High Court
M/S. Timekeepers The Watch Boutique ... vs The Municipal Corporation Of Greater ... on 26 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-AS:14626
P11.IAST.8623.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER (ST) NO.8622 OF 2026
WITH
INTERIM APPLICATION (ST) NO.8623 OF 2026
M/s. Timekeepers the Watch Boutique Appellant / Orig.
.. Plaintiff
Versus
The Municipal Corporation of Greater Bombay Respondent /
.. Orig. Defendant
....................
Mr. Amogh Singh a/w. Mr. Devansh Shah, Mr. Vikas Mishra and
Mr. Santosh Pathak, Advocates i/by Law Origin for Appellant.
...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 26, 2026
P.C.:
1. Not on Board. Mentioned by way of filing praecipe dated
26.03.2026. Perused the praecipe.
2. Heard Mr. Singh, learned Advocate for Appellant.
3. By virtue of the order dated 18.03.2026, Notice of Motion
No.942 of 2026 seeking restoration of suit proceeding and the previous
order has been dismissed. Mr. Singh has drawn my attention to
reasons for non remaining present on the appointed date which are
noted in paragraph No.3 of the order. It is seen that Plaintiff had
withdrawn the papers from Advocate who was appearing and engaged
by him on that date but the Advocate had duly appeared and informed
the Court about the same when the suit was called out for hearing.
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P11.IAST.8623.2026.doc
Hence in paragraph No.5, learned Trial Court has dismissed the suit in
default for non-appearance. In paragraph No.6, the reason has been
given solely on the premise and basis that on one particular date i.e.
21.02.2026 reason for non-appearance by the Plaintiff was not
disclosed in the Affidavit. Solely on this ground, Notice of Motion has
been rejected.
4. Affidavit-in-support which is referred to by the learned Trial
Court in paragraph No.6 of the impugned order is appended at page
No.27 of the Appeal from Order. Prima facie when the said Affidavit is
seen, substantive reasons have been given. Hence, this Court fails to
understand as to why and how the learned Trial Court has assumed
that Plaintiff has failed to satisfy the Court about sufficient cause.
Affidavit-in-support prima facie gives substantive reasons for non-
appearance and the steps taken by Plaintiff from time to time.
5. The specific reasons which have not found favour with the
learned Trial Court is explained in detail in paragraph Nos.6 to 8 of the
said Affidavit-in-support. Prima facie, after going through the same, I
find that the same is to the satisfaction of the Court as contemplated
and envisaged under the provisions of Order IX Rule 9 of the Code of
Civil Procedure, 1908.
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P11.IAST.8623.2026.doc
6. In that view of the matter, no purpose whatsoever will be
served by keeping the Appeal from Order pending in this Court or by
issuing notice to the Corporation. Considering the fact that interim
order was not in place for more than nine years in the present case
since the Suit was filed in the year 2017 and the Suit is ripe, it would
be appropriate if the order dated 18.03.2026 is set aside and further
directions are given for expeditious disposal of the suit proceedings.
7. In view of the above observations and reasons, order dated
18.03.2026 is quashed and set aside. Resultantly, Notice of Motion
No.942 of 2026 stands allowed and L. C. Suit No.1113 of 2017 is
restored to the record and file of the Court alongwith the interim order
dated 25.04.2017.
8. In view of the long pendency of the Suit, learned Trial Court
is requested by this Court to dispose of Suit proceeding as
expeditiously as possible and in any event within a period of ten
months from today.
9. Plaintiff shall not seek any adjournment on any frivolous
grounds and if any adjournment is sought, same can be denied by Trial
Court unless it is required to be granted in grave exigency.
10. All parties to take cognizance of a server copy of this order.
11. Without expressing any imprimatur on merits, Appeal from
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P11.IAST.8623.2026.doc
Order is allowed and disposed. In view of disposal of Appeal from
Order, pending Interim Application is also disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA by HARSHADA
HANUMANT SAWANT
SAWANT Date: 2026.03.26
19:19:29 +0530
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