Kamlesh Bherumal Jain vs Purshottam Vishandas Raheja — Bombay HC (2025) — LawSathi Research

Kamlesh Bherumal Jain vs Purshottam Vishandas Raheja — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory procedural order: (i) Affidavit of evidence and Compilation of documents to be served on the unserved Defendants (no.4, 5, 6, 26 and 27) within two weeks with affidavit of service; (ii) outstanding Statements of admission and denial to be filed within six weeks; (iii) no costs imposed on Defendants no.7 to 25, but further time requests to attract exemplary costs; (iv) matter listed on 3 September 2025 for marking of Plaintiffs' documents; (v) Plaintiffs' witness to remain present on the next date.

Issue for consideration

Whether the Defendants no.7 to 25 should be granted time to file their Statement of admission and denial of the documents. +1 more

Court's answer

The Affidavit of evidence and Compilation of documents shall be served on the unserved Defendants (no.4, 5, 6, 26 and 27) within two weeks, with an appropriate affidavit of service to be filed.

Ratio / Principle

The Court refrained from imposing costs on Defendants no.7 to 25 because the Plaintiffs' counsel pointed out that Defendants no.4, 5, 6, 26 and 27 had not been served with the Affidavit of evidence and Compilation of documents.

Key takeaways

Notice was given to counsel for the Plaintiffs and for Defendants no.7 to 25 that any further request for time in the matter would be met with exemplary costs.ratio¶148
Defendants who have not yet filed their Statements of admission and denial must file them within six weeks.ratio¶150

Detailed headnote1 paragraphs

Bombay High Court (O.O.C.J.), Abhay Ahuja, J. — Order dated 9 July 2025 in Suit No. 2509 of 2011 (Purushottam V. Raheja v. Asha S. Raheja) with connected applications — Procedural order at the document-marking stage: Although the Court had specially fixed the matter for marking the Plaintiffs' documents, counsel for Defendants no.7 to 25 sought time to file Statements of admission and denial. The Court, noting that Defendants no.4, 5, 6, 26 and 27 had neither filed written statements nor been represented, and had not been served with the Plaintiffs' Affidavit of evidence and Compilation of documents, declined to impose costs on Defendants no.7 to 25, while giving express notice that any further request for time would be met with exemplary costs. Directions issued: service of the Affidavit of evidence and Compilation on the unserved Defendants within two weeks with affidavit of service; filing of outstanding Statements of admission and denial within six weeks; listing on 3 September 2025 for marking of Plaintiffs' documents, with the Plaintiffs' witness (aged 83) to attend. Defendants no.1 to 3 had already filed and served their Statement admitting about 79 of the 141 documents; Defendant no.28 was stated to be supporting the Plaintiffs. No statute or precedent was cited; no final adjudication was made.

1-S-2509-2011@CONNECTED APPLICATIONS.doc

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

SUIT NO.2509 OF 2011

PURUSHOTTAM V. RAHEJA AND OTHERS

)…PLAINTIFFS

V/s.

ASHA S. RAHEJA AND OTHERS )...DEFENDANTS

WITH NOTICE OF MOTION NO.838 OF 2018

IN

SUIT NO.2509 OF 2011

WITH

NOTICE OF MOTION NO.1091 OF 2015

IN

SUIT NO.2509 OF 2011

WITH

LEAVE PETITION NO.662 OF 2011

IN

SUIT NO.2509 OF 2011

WITH

INTERIM APPLICATION NO.574 OF 2025

IN

SUIT NO.2509 OF 2011

WITH

NOTICE OF MOTION NO.838 OF 2018

IN

SUIT NO.2509 OF 2011

WITH

SUIT NO.577 OF 2018

WITH

NOTICE OF MOTION NO.1108 OF 2018

IN

SUIT NO.577 OF 2018

WITH

ARTI VILAS KHATATE

Digitally signed by ARTI VILAS KHATATE Date: 2025.07.10 11:05:01 +0530

INTERIM APPLICATION (L) NO.23486 OF 2023

IN

SUIT NO.577 OF 2018 WITH

avk 1/7

1-S-2509-2011@CONNECTED APPLICATIONS.doc

SUIT NO.529 OF 2018 WITH

NOTICE OF MOTION NO.1091 OF 2018 IN

SUIT NO.529 OF 2018 WITH

INTERIM APPLICATION NO.1397 OF 2020 IN SUIT NO.1266 OF 2009 WITH

NOTICE OF MOTION NO.1098 OF 2018

IN SUIT NO.634 OF 2018

WITH NOTICE OF MOTION NO.1108 OF 2018

IN SUIT NO.577 OF 2018

WITH

NOTICE OF MOTION NO.1104 OF 2018 IN

SUIT NO.632 OF 2018

WITH

NOTICE OF MOTION NO.1092 OF 2018

IN

SUIT NO.527 OF 2018

WITH

NOTICE OF MOTION NO.1103 OF 2018

IN

SUIT NO.631 OF 2018

WITH

NOTICE OF MOTION NO.1106 OF 2018

IN

SUIT NO.633 OF 2018

WITH

NOTICE OF MOTION NO.1097 OF 2018

IN

SUIT NO.525 OF 2018

WITH

NOTICE OF MOTION NO.1096 OF 2018

IN

SUIT NO.623 OF 2018

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1-S-2509-2011@CONNECTED APPLICATIONS.doc

WITH

NOTICE OF MOTION NO.1107 OF 2018 IN

SUIT NO.439 OF 2018

WITH

NOTICE OF MOTION NO.1091 OF 2018

IN

SUIT NO.529 OF 2018

WITH

INTERIM APPLICATION (L) NO.10965 OF 2023

IN

SUIT NO.1266 OF 2009

WITH

NOTICE OF MOTION NO.920 OF 2013

IN

SUIT NO.1266 OF 2009

WITH

SUIT NO.1266 OF 2009

WITH

INTERIM APPLICATION (L) NO.10965 OF 2023

IN

SUIT NO.1266 OF 2009

WITH

NOTICE OF MOTION NO.920 OF 2013

IN

SUIT NO.1266 OF 2009

WITH

INTERIM APPLICATION NO.611 OF 2024

IN

SUIT NO.1266 OF 2009

WITH

INTERIM APPLICATION (L) NO.24045 OF 2023

IN

SUIT NO.1266 OF 2009

WITH

INTERIM APPLICATION NO.1397 OF 2020

IN

SUIT NO.1266 OF 2009

WITH

avk 3/7

1-S-2509-2011@CONNECTED APPLICATIONS.doc

INTERIM APPLICATION (L) NO.11156 OF 2023 IN

SUIT NO.1266 OF 2009 WITH

INTERIM APPLICATION NO.1780 OF 2022

IN

SUIT NO.1266 OF 2009

WITH

INTERIM APPLICATION NO.611 OF 2024

IN

SUIT NO.1266 OF 2009

WITH

NOTICE OF MOTION NO.1091 OF 2015

IN

SUIT NO.2509 OF 2011

WITH

INTERIM APPLICATION (L) NO.24045 OF 2023 IN

SUIT NO.1266 OF 2009

Mr.Atul Daga i/by Mr.Chaitanyaa Bhandarkar, Advocate for the Plaintiffs.

Mr.Shanay Shah a/w. Ms.Soniya Putta, Mr.Karan Mehta and Ms.Souparnika S. i/by M/s.Solomon & Co., Advocate for the Defendants no.1 to 3.

Ms.Shruti Shirke i/by Dhruve Liladhar & Co., Advocate for the Defendants no.7 to 25.

Mrs.Nandini Deshpande, 1^st Assistant to Court Receiver, present in Court.

CORAM : ABHAY AHUJA, J. DATE : 9^th JULY 2025

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1-S-2509-2011@CONNECTED APPLICATIONS.doc

P.C. :

This matter has been fixed at 4.30 p.m. for marking of the Plaintiffs’ documents.

On 10^th June 2025, this Court had granted time for filing of Statement of admission and denial after receipt of the Affidavit of evidence and Compilation of documents.

When the matter is called out, Mr.Shanay Shah, learned Counsel, appears for the Defendants no.1 to 3 and submits that Statement of admission and denial has been filed and also served. Mr.Atul Daga, learned Counsel, appears for the Plaintiffs and submits that the Plaintiffs’ witness, who is 83 years old, is present in Court for marking of the Affidavit of evidence and the documents forming part of the compilation. Mr.Daga submits that the Defendants no.1 to 3 have admitted about 79 documents out of the 141 documents.

Just when this Court has directed the Plaintiffs’ witness to step into the witness box, one Ms.Shruti Shirke appears for the Defendants no.7 to 25 and seeks time to file Statement of admission and denial of the documents.

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1-S-2509-2011@CONNECTED APPLICATIONS.doc

Mr.Daga for the Plaintiffs vehemently opposes this request submitting that the Defendants no.1 to 3 are the main contesting Defendants and that they have filed the Statement of admission and denial. That, Defendant no.28 is supporting the Plaintiffs and also present in Court. However, as regards Defendants no.4, 5, 6, 26 and 27, Mr.Daga submits that the said Defendants have not filed any written statement nor have been represented before this Court, but fairly submits that they have not been served with the Affidavit of evidence and Compilation of documents, and if some time is granted, they would also be served.

This Court would have otherwise imposed costs on the Defendants no.7 to 25 for seeking time, in as much as, this Court had set aside the special time to mark the documents in this matter, obviously, at the cost of other matters on the board, and despite that, time is being sought, however, since the learned Counsel for the Plaintiffs has submitted that the Defendants no.4, 5, 6, 26 and 27 have not been served with the Affidavit of evidence and Compilation of documents, this Court refrains from imposing any costs on the Defendants no.7 to 25 but not without notice to the learned Counsel

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1-S-2509-2011@CONNECTED APPLICATIONS.doc

appearing for the Plaintiffs as well as for the Defendants no.7 to 25 that any further request for time would be met with exemplary costs.

Let the Affidavit of evidence and Compilation of documents be served on the unserved Defendants within a period of two weeks and an appropriate affidavit of service be filed.

Let Statements of admission and denial by the Defendants who have not yet filed the said Statements, be filed within a period of six weeks.

List on 3^rd September 2025 for marking of Plaintiffs’ documents.

Let the Plaintiffs’ witness remain present in Court on the next date as well.

(ABHAY AHUJA, J.)

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