The High Court ordered the registry to accept a written statement filed by one day's delay in a commercial suit, condoning the minor lapse under its inherent powers.
Directed the Registry to accept the written statement filed by one day's delay in Commercial Suit No.16 of 2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
Commercial Suit No.16 of 2024
With
Interim Application No.6917 of 2023
In
Commercial Suit No.16 of 2024
With
LPA No.6914 of 2023
In
Commercial Suit No.16 of 2024
... Bairagra Builders Pvt. Ltd. Applicant v/s. Encore Asset Reconstruction Co. Pvt. Ltd. … Respondents
Mr. Jamshed Ansari, advocate for the plaintiffs. Ms. Radhika Kabra i/b. Mr. Archit Virmani for defendant No.1. Ms. Prajakta Arjunwadkar, advocate for defendant No.2.
Digitally signed by LATA LATA SUNIL SUNIL PANJWANI PANJWANI Date: 2024.04.16 11:07:41 +0530
CORAM : BHARATI DANGRE, J.
DATE : 12th April 2024
P.C. :
The counsel representing defendant No.2 state that pursuant to the receipt of writ of summons on 4th March 2024, he was expected to file his written-statement within 30 days i.e. on or before 3rd April 2024. He uploaded the written-statement on 4th April 2024 and office has raised an objection that filing of the writtenstatement is beyond the prescribed period of limitation.
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The written-statement shall be taken on record in the commercial Suit No.16 of 2024.
(SMT BHARATI DANGRE, J.)
Lata Panjwani, P.S.
1 issue framed by the court
Whether the delay of one day in filing the written statement in a commercial suit warrants condonation and acceptance on record.
1 provisions across 1 enactments
Bairagra Builders Pvt. Ltd.
Encore Asset Reconstruction Co. Pvt. Ltd.
BHARATI DANGRE
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
