The High Court dismissed writ petitions challenging the rejection of an application for condonation of delay in filing a reply to Summons for Judgment in a summary suit. The Court upheld the Trial Court's finding that neither the pendency of a maintainability challenge nor the pandemic justified a 496-day delay.
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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VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1984 OF 2024
VAIBHAV RAMESH JADHAV Digitally signed byVAIBHAV RAMESHJADHAVDate: 2024.07.0119:10:18 +0530
Chandan Store (D.D) & Ors. … Petitioners V/s. Hina Shishir Chheda Through Her Constituted Attorney Jayesh Ratilal Gada … Respondent
WITH
WRIT PETITION NO.1986 OF 2024
Chandan Store (D.D) & Ors. … Petitioners V/s. Jayesh Ratilal Gada … Respondent
Mr. Yogendra M. Kanchan i/by YMK Legal for the petitioners.
Ms. Janhavee Joshi i/by Mr. Manish P. Jagani for the respondent.
CORAM : AMIT BORKAR, J. DATED : JULY 1, 2024
P.C.:
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the date of Summons for Judgment.
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petitioners as the Summons for Judgment was served on the petitioners on 25 October 2018 and the Notice of Motion was filed after the period of 496 days.
(AMIT BORKAR, J.)
3
2 issues framed by the court
Whether the Trial Court correctly rejected the application for condonation of delay in filing a reply to the Summons for Judgment?
Whether the pendency of a motion challenging maintainability and the Corona Pandemic constituted sufficient cause for a delay of 496 days?
Chandan Store (D.D) & Ors.
Hina Shishir Chheda Through Her Constituted Attorney Jayesh Ratilal Gada
AMIT BORKAR
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
