National Insurance Company Ltd. vs Deluxe Recycling (India) Private Limited — Bombay HC (2025) — LawSathi Research

National Insurance Company Ltd. vs Deluxe Recycling (India) Private Limited — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 71 days in filing the written statement condoned; Registry directed to take the written statement on record subject to payment of Rs.25,000/- as cost to Cama and Albless Hospital, BMC Office, Mahapalika Marg, Dhobi Talao, Fort, Mumbai-400 001 within four weeks, failing which the order stands vacated and the defendant is deemed to have forfeited the right of filing the written statement; Interim Application No.1906 of 2025 disposed of. Interim Application No.3659 of 2024 adjourned to 2 December 2025 with reply within four weeks and rejoinder within two weeks thereafter.

Issue for consideration

Whether the delay of 71 days in filing the written statement in the commercial suit should be condoned. +1 more

Court's answer

The delay of 71 days in filing the written statement is condoned and the Registry is directed to take the written statement on record subject to payment of Rs.25,000/- as cost to Cama and Albless Hospital within four weeks.

Ratio / Principle

The substantive right of filing the written statement cannot be taken away if the reasons for the delay are explained.

Key takeaways

The defendant being a public sector insurance company whose four different departments had to be co-ordinated to draft the written statement, the reasons given in paragraphs 4 and 5 of the application are treated as a sufficient explanation for the 71 days' delay.ratio¶2
If the cost of Rs.25,000/- is not paid within four weeks, the present order would stand vacated and the defendant will be deemed to have forfeited the right of filing the written statement.ratio¶3

Detailed headnote1 paragraphs

Condonation of delay – 71 days' delay by the original defendant, a public sector insurance company, in filing written statement in Commercial Suit No.83 of 2024 – four different departments of the defendant had to be co-ordinated to draft the written statement – substantive right of filing the written statement cannot be taken away where the reasons are explained – delay condoned; written statement to be taken on record subject to payment of Rs.25,000/- as cost to Cama and Albless Hospital within four weeks, failing which the order stands vacated and the defendant deemed to have forfeited the right to file the written statement – Interim Application No.1906 of 2025 disposed of – Interim Application No.3659 of 2024 adjourned to 2 December 2025 (Jitendra Jain, J.; 14 October 2025).

1 4-COMS-83-2024.docx

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

INTERIM APPLICATION NO.1906 OF 2025 WITH

COMMERCIAL SUIT NO.83 OF 2024

National Insurance Company Ltd. … Applicant

In the matter of Deluxe Recycling India Pvt Ltd … Plaintiff Versus National Insurance Company Ltd. … Defendant

WITH

INTERIM APPLICATION NO.3659 OF 2024

_____________________________________________________ Mr. S. N. Fadia, for the Plaintiff.

Mr. Yashesh Kamdar a/w. Mr. Brinda Singh i/b Tuli & Co., for Applicant-Defendant.

CORAM Jitendra Jain, J. DATED: 14 October 2025

PC:-

INTERIM APPLICATION NO.1906 OF 2025

This Interim application is taken out by the original defendant seeking condonation of delay of 71 days in filing written statement in commercial suit. The reasons for the delay is explained in paragraph 4 and 5 of the present application. The learned counsel for the plaintiff strongly opposes the said application and reasons given for the delay. 2. I have heard learned counsel for the applicant/defendant and the plaintiff. In my view, the

2 4-COMS-83-2024.docx

substantive right of filing the written statement cannot be taken away if the reasons are explained. Defendant is a public sector insurance company and four different departments had to be co-ordinated to draft the written statement and, therefore, the reasons given in paragraph 4 and 5 can be treated as explanation for the delay.

Therefore, delay in filing the written statement is condoned. Registry is directed to take written statement on record subject to payment of cost of Rs.25,000/- to Cama and Albless Hospital, BMC Office, Mahapalika Marg, Dhobi Talao, Fort, Mumbai-400 001. Said cost should be paid within a period of four weeks from today. If the cost is not paid then the present order would stand vacated and it will be deemed that the defendant has forfeited the right of filing written statement.

Interim Application No.1906 of 2025 is disposed of.

INTERIM APPLICATION NO.3659 OF 2024

Learned counsel for the plaintiff seeks time to argue the present Interim Application. Learned counsel for the defendant seeks time to file reply. Reply to be filed and served within four weeks from today. Rejoinder, if any, to be filed and served within two weeks thereafter.

List this matter on 2 December 2025 for further consideration.

(Jitendra Jain, J.)