Pankaj Kishore Shah vs Sonal Constructions and Ors. — Bombay HC (2025) — LawSathi Research

Pankaj Kishore Shah vs Sonal Constructions and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No. 251 of 2025 allowed in terms of prayer Clauses (a) to (d): Applicants permitted to carry out amendments in the Suit and proceedings as per the annexed Schedule; delay (of 145 days), if any, condoned; abatement, if any, set aside; consequential amendments allowed. Amendments to be carried out within two weeks; amended proceedings to be served within two weeks thereafter with affidavit of service. Interim Application No. 2025 of 2021 listed on 22nd December, 2025; parties at liberty to explore amicable settlement.

Issue for consideration

Whether the delay of 145 days in filing Interim Application No. 251 of 2025, occasioned by the death of Plaintiff No. 3, should be condoned, any abatement set aside, and amendments to the Suit and proceedings allowed as per the Schedule annexed to the Application. +1 more

Court's answer

The delay of 145 days stands condoned, any abatement is set aside, and the Applicants are permitted to carry out amendments in the Suit and proceedings as per the Schedule annexed, with consequential amendments, Interim Application No. 251 of 2025 being allowed in terms of prayer Clauses (a) to (d).

Ratio / Principle

The amendments as per the Schedule are to be carried out within two weeks, amended proceedings served upon the other side within two weeks thereafter, and an affidavit of service filed.

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Abhay Ahuja, J.: Allowed Interim Application No. 251 of 2025 in Suit No. 2689 of 1995 (Sonal Constructions and Ors. v. Alexander George Tone and Ors.), condoning a delay of 145 days attributable to the death of Plaintiff No. 3 and the resulting stress and trauma to the family, the delay being stated to be neither intentional nor contumacious and the Defendants raising no objection; set aside abatement, if any; and permitted the Applicants to carry out amendments in the Suit and proceedings as per the annexed Schedule, together with consequential amendments. Amendments were to be effected within two weeks, with amended proceedings served within a further two weeks and an affidavit of service filed. Interim Application No. 2025 of 2021 was deferred and listed on 22nd December, 2025 along with other Interim Applications; parties were granted liberty to explore amicable settlement.

IA 1454-21 in S 2689-95 @ Connected Matters.doc

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

INTERIM APPLICATION NO. 1454 OF 2021

IN

SUIT NO. 2689 OF 1995

Sonal Constructions and Ors. V/s.

...Plaintiffs

Alexander George Tone and Ors. ...Defendants

WITH SUIT NO. 386 OF 1997

WITH

INTERIM APPLICATION NO. 2025 OF 2021

WITH

INTERIM APPLICATION NO. 2319 OF 2025

WITH INTERIM APPLICATION NO. 251 OF 2025 WITH INTERIM APPLICATION NO. 2025 OF 2021

Mr. Akshay Borade with Mr. Yatin Shah for the Plaintiffs in Suit 2689/95.

Mr. Sanjiv Sawant with Mr. Ashwin Jajal for the Plaintiff No. 1a, 5a, 5b, 5c, 6a, 6b, 6c and 8 in Suit No. 386/97 and for the Applicants No. 3(a) to (c), 4(a) to (c) and 6 in IA 2025/21 and for Plaintiff No. 8 in IA 2319/25.

P.C. :

Interim Application No. 251 of 2025

Pursuant to the order dated 23^rd September, 2025, today when

the matter is called out, Mr. Borade, learned Counsel appears for the

Applicants and tenders across the bar additional affidavit dated 15^th

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Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2025.11.18 12:58:02 +0530

IA 1454-21 in S 2689-95 @ Connected Matters.doc

November, 2025 submitting that the said affidavit specifies the reason for the delay in filing the Application.

Mr. Borade submits that after the death of the Plaintiff No. 3, the entire family was in great stress and due to trauma, the Application could not be filed immediately within the stipulated time. It is submitted that even in matters where the Plaintiff No. 3 was the Defendant, application could not be filed within the stipulated time and that, therefore, there is a delay of 145 days. It is submitted that the delay caused is neither intentional nor contumacious and that in the interest of justice, the same be condoned as valuable rights of property are involved in the Suit.

Mr. Sawant, learned Counsel appearing for the Defendants has no objection if the Application is allowed and draws this Court’s attention to paragraph 3 of the order dated 23^rd September, 2025, where also his no objection for the Defendants is recorded.

Having heard the learned Counsel and having considered their submissions, for reasons submitted before this Court and in the Application, this Court is of the view that the Interim Application be allowed in terms of prayer Clauses (a) to (d), which read thus:-

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IA 1454-21 in S 2689-95 @ Connected Matters.doc

“(a) This Hon’ble Court be pleased to allow the Applicants to carry out amendments in the Suit and proceedings as per the Schedule annexed.

(b) Delay, if any, be condoned.

(c) Abatement, if any may be set aside.

(d) Consequential amendments be allowed to be carried out.”

Let the amendments as per the schedule be carried out within a

period of two weeks. Let amended proceedings be served upon others within a period of two weeks thereafter and an affidavit of service be filed.

The Interim Application is accordingly allowed and disposed as above.

Interim Application No.2025 of 2021

Mr. Sawant submits that this Court may consider deciding this Application on the next date.

List on 22^nd December, 2025 along with other Interim Applications.

Parties are at liberty to explore amicable settlement.

(ABHAY AHUJA, J.)

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