Allowed¶6

Mumbai Pune Expressway Limited v. Irb Mp Expressway Pvt. Ltd.

Bombay HC8 Jun 2026IA/2531/2026

Case brief

AI extract

What is this about?

condonation of delay; written statement; commercial suit; 120 days outer limit; 84 days delay; permission to file written statement; prayer clause (a); Bombay High Court OOCJ; Interim Application No. 2531 of 2026; Commercial Suit No. 138 of 2025; IRB MP Expressway Pvt. Ltd.; Mumbai Pune Expressway Limited; Gauri Godse J.; 8 June 2026; Cyril Amarchand Mangaldas; PDS Legal.

What did the court decide?

Delay of 84 days in filing the written statement condoned; permission granted to file the written statement in terms of prayer clause (a); original written statement to be filed on record within two weeks. ¶6

Mumbai Pune Expressway Limited vs Irb Mp Expressway Pvt. Ltd. — Bombay HC (2026) — LawSathi Research

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58-IA-2531-2026.docx

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rrpillai

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2531 OF 2026

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COMMERCIAL SUIT NO. 138 OF 2025

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Mumbai Pune Expressway … Applicant/Org.Def Limited

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In the matter between

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IRB MP Expressway Pvt. Ltd. … Plaintiff

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vs.

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Mumbai Pune Expressway … Defendant

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Limited

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Ms. Vinodini Srinivasan a/w. Mr. Arun Siwach, Ms. Priyanka Mitra, Ms. Nupur Shah i/b. Cyril Amarchand Mangaldas for the Applicant/Original Defendant.

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Mr. Durgaprasad Poojari i/b. PDS Legal for the Defendant/Original Plaintiff.

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CORAM : GAURI GODSE, J.

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DATE : 8^th JUNE 2026

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ORDER :

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This application is by the defendant for condonation of

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delay in filing written statement and permission to file written

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statement. Learned counsel for the applicant submits that the

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writ of summons was served on 5^th January 2026 and the

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Digitally signed by RAJESHWARI RAJESHWARIRAMESH RAMESH PILLAI PILLAI Date: 2026.06.10 15:07:30 +0530

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1/3

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58-IA-2531-2026.docx

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initial period to file written statement expired on 4^th February 2026. She submits that the outer limit to file written statement in the present commercial suit would be 5^th May 2026 when the 120 days period expires. She submits that the application for permission to file written statement along with copy of the written statement is filed on 30^th April 2026, i.e. within the outer limit. The reasons for the delay are explained in paragraph 4 of the application.

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Learned counsel for the applicant therefore submits that considering the reasons mentioned in the application, delay be condoned and the applicant be allowed to file written statement.

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Considering the reasons stated in the application, learned counsel for the plaintiff has not raised any serious objection for condonation of delay.

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I have perused the application. The reasons stated in

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the application in paragraph 4 are acceptable and justifiable. The delay in filing the written statement is 84 days. For the reasons stated in the application, delay is condoned and the application is allowed in terms of prayer clause (a).

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2/3

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58-IA-2531-2026.docx

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The original written statement be filed on record within

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two weeks from today.

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Interim application is allowed in the aforesaid terms.

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[GAURI GODSE, J.]

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3/3

Mumbai Pune Expressway Limited v. Irb Mp Expressway Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Mumbai Pune Expressway Limited v. Irb Mp Expressway Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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