Khimji Velji Shah vs Bharat Devji Chaudhary — Bombay HC (2025) — LawSathi Research

Khimji Velji Shah vs Bharat Devji Chaudhary — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the Plaintiff to carry out the draft amendment (Exhibit 'X') adding an additional interim prayer for infringement within one week, with re-verification dispensed with; amended copy to be served on the Defendant; Interim Application stood over to 3rd December 2025.

Issue for consideration

Whether the Defendant, who was twice granted time to file affidavit-in-reply and neither filed a reply nor paid the Rs.15,000/- costs, should receive further indulgence, or be treated as not contesting the Interim Application. +1 more

Court's answer

No affidavit-in-reply has been filed nor the costs of Rs.15,000/- paid despite two prior extensions; the Court recorded that the Defendant does not choose to contest the Interim Application by way of filing any affidavit-in-reply.

Ratio / Principle

The draft amendment (marked 'X' and taken on record) adding an additional interim prayer for infringement is permitted; the Plaintiff may carry out the amendment within one week, re-verification is dispensed with, and the amended copy is to be served on the Defendant.

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Arif S. Doctor, J. — Interim Application No. 719 of 2025 in Commercial IP Suit No. 246 of 2023 (Khimji Velji Shah v. Bharat Devji Chaudhary), order dated 19th November 2025. The Defendant had been granted time to file affidavit-in-reply on 10th January 2025 and a last-chance two-week extension on 7th February 2025; on the immediately preceding date one further week was granted subject to costs of Rs.15,000/-. On 19-11-2025 the Court found that no reply had been filed and the costs were unpaid, and recorded that the Defendant does not choose to contest the Interim Application by affidavit-in-reply. The Court took on record (and marked 'X') a draft amendment tendered by the Plaintiff adding an additional interim prayer for infringement, permitted the amendment within one week with re-verification dispensed with, directed service of the amended copy on the Defendant, and stood the matter over to 3rd December 2025.

39-IA-719-2025 (OS).DOC

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

INTERIM APPLICATION NO. 719 OF 2025

IN

COMMERCIAL IP SUIT NO. 246 OF 2023

Khimji Velji Shah ...Applicant/Plaintiff

Versus

Bharat Devji Chaudhary ...Defendant

Mr. Sharad Bansal a/w Mr. Deepak Shukla and Ms. Shweta Thakur i/b BNS Legal, for the Applicant/Plaintiff.

CORAM : ARIF S. DOCTOR, J. DATE : 19th NOVEMBER 2025

P.C.

1. On the previous occasion, I have passed the following order:

"1. Mr. Ranglan appearing for Defendant today seeks further time to file affidavit in reply. Learned Counsel appearing on behalf of the Plaintiff pointed out that time was originally granted to file reply on 10^th January 2025 and thereafter as and by way of last chance further two weeks time was granted on 7^th February 2025. Till date no such reply has been filed. Hence, in the event, the Court is inclined to grant the defendant further time to file reply, the same shall be subject to payment of costs of Rs. 15,000/-.

2 . Hence, time to file reply is extended by a period of one week from today subject to payment of costs of Rs.15,000/- to be paid to the Advocate for the Plaintiff.

Stand over to 19^th November 2025.

4 . Ad-interim relief, if any granted earlier, shall continue to operate till the next date."

Vaibhav

39-IA-719-2025 (OS).DOC

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Mr. Bansal, learned counsel for the Applicant/Plaintiff has today pointed out that the Defendant has not filed any reply affidavit-in-reply nor has the cost of Rs.15,000/- been paid. Learned counsel has further pointed out that the Defendant had on two prior occasions been granted time to file the reply affidavit and the same was not filed. It is clear, therefore, that the Defendant does not choose to contest the Interim Application by way of filing any affidavitin-reply.

Mr. Bansal has today tendered a draft amendment seeking to add an additional interim prayer for infringement. The same is marked as "X" for identification and taken on record.

The Plaintiff is at liberty to carry out the amendment in terms of the draft amendment within a period of one week from today. Re-verification is dispenced with.

Amended copy to be served on the Defendant.

Stand over to 3rd December 2025 .

[ARIF S. DOCTOR, J.]

Vaibhav