IN ITS COMMERCIAL DIVISION v. Dayal Nathalal Bhanushali
Case at a glance
Key paragraphs
- Para 44. For the reasons stated in the application, the delay of 109 days stands condoned. The written statement to be taken on record. [SHARMILA U. DESHMUKH, J.] Amol Jadhav 2 of 2
Judgment
Mr. Sameer Reshamwala, i/b, S. R. Legal, for the Applicant. Ms. Bhavi Gada, i/b, Ms. Pooja Jain, (through VC), for the Plainti’. —————— CORAM : SHARMILA U. DESHMUKH, J. DATE : JANUARY 28, 2026 P. C. :
#1. This Interim Application seeks condonation of delay of 109 days caused in -ling the written statement. Learned Counsel appearing for the Original Plainti1 submits that writ summons has not yet been served and therefore there is no delay.
#2. The Defendant had caused appearance in the Suit and had sought time to -le the a4davit in reply and the written statement.
#3. The written statement has not been accepted by the department on the ground that the delay has not been condoned. Even accepting that the writ of summons has not been served considering that the Amol Jadhav 1 of 2 78-ia-1046-2025 with comipl-18664-2025.doc Defendant has caused appearance on its own, the written statement was required to be -led within the prescribed period. The present application seeks condonation of delay of 109 days which is within the outer limit of 120 days as prescribed under the Act.
#4. For the reasons stated in the application, the delay of 109 days stands condoned. The written statement to be taken on record. [SHARMILA U. DESHMUKH, J.] Amol Jadhav 2 of 2
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.