VSJ INVESTMENTS PRIVATE LIMITED v. TORAL VIRAL MEHTA
IA/2487/2025 · 2026-08-29
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4014 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4014 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1/3 5-S-9-2025 (OS).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 9 OF 2025 VSJ Investments Private Limited & Anr. ...Applicants In the matter between: Toral Viral Mehta ...Plaintiff Versus VSJ Investments Private Limited & Anr. ...Defendants WITH INTERIM APPLICATION NO. 2487 OF 2025 IN SUIT NO. 9 OF 2025 WITH INTERIM APPLICATION NO. 4168 OF 2025 IN SUIT NO. 9 OF 2025 _______ Mr. Ryan D’Souza a/w Ms. Astha Ojha i/b DSK Legal for the Applicant in IA/2487/2025 and for Defendants in S/9/2025. Ms. Vidisha Rohira a/w Ms. Sabeena Mahadik and Mr. Pankaj Uttaradhi for the Plaintiff. _______
CORAM :
ARIF S. DOCTOR, J. DATE : 29 th AUGUST, 2026 P.C.
1. This Interim Application seeks condonation of delay of 50 days in filing the Written Statement on behalf of Defendant No.1. 2. Ms. Rohira, learned Counsel appearing on behalf of the Plaintiff, opposes the Application for condonation of delay. However, she submits that the Plaintiff Areeb MOHAMMAD AREEB MOHD AKBAR Digitally signed by MOHAMMAD AREEB MOHD AKBAR Date: 2026.08.31 14:32:03 +0530
2/3 5-S-9-2025 (OS).DOC does not wish to file a Reply Affidavit. 3. I am satisfied that sufficient cause has been shown for condonation of the delay after having heard the learned Counsel and having considered the averments set out in paragraphs 3 and 4 of the Interim Application, which read as under:
“3. The Applicant / Original Defendant No.1 respectfully submits that there is an unintentional and non-deliberate delay of 50 days in filing the Written Statement. By an order dated June 7, 2021, passed by the Hon'ble National Company Law Tribunal, Mumbai Bench, the resolution plan submitted by Piramal Capital and Housing Finance Limited ("PCHFL") in respect of Dewan Housing Finance Corporation Limited (“DHFL") was approved and is effective from September 30, 2021, pursuant which PCHFL reverse merged with DHFL. A copy of the order dated June 7, 2021, is annexed hereto as Exhibit
"A". Thereafter, on November 3. 2021, the name of DHFL was changed to PCHFL and a certificate of incorporation in that respect has been issued by Registrar of Companies, Mumbai. A copy of the certificate of incorporation pursuant to change of name dated November 3, 2021, is annexed hereto as Exhibit "B". The Defendant No. 1 is the successor in interest of PCHFL under Assignment Deed dated July 14, 2022. Consequent to the said merger and the assignment of the loan transaction to Defendant No.1, a voluminous set of loan-related documents was received from PCHFL. The volume and complexity of these documents required detailed scrutiny and consideration for the purpose of preparing the Written Statement, thereby contributing to the delay in its finalization and filing. 4. The Applicant / Original Defendant No.1 further submits that there are proceedings pending before various forums in relation to the Impugned Documents, which necessarily had to be taken into consideration and appropriately dealt with in the Written Statement.
These proceedings include, inter alia, matters before the Hon'ble Debt Recovery Tribunal, and the Court of the Learned Chief Metropolitan Magistrate, all of which involve overlapping facts, parties, and issues. The Applicant respectfully submits that it was imperative to carefully review the pleadings, interim orders, and outcomes in those proceedings so as to avoid any inconsistency and to ensure that the Written Statement placed before this Hon'ble Court is both comprehensive and accurate. This exercise required extensive coordination Areeb
3/3 5-S-9-2025 (OS).DOC and discussions and, as a result, contributed to a further, though wholly unintentional, delay in finalizing and filing the Written Statement. The Applicant craves leave to refer to the relevant proceedings and documents, if the need arises or directed by this Hon'ble Court.”
4. In my view, the substantive interests of justice would best be served if the delay is condoned. No prejudice would, in my view, be caused to the Plaintiff if the delay is condoned on payment of costs. 5. In view of the above, the Interim Application is allowed, subject to payment of costs of Rs.15,000/-. Accordingly costs to be paid to the High Court Employees Medical Welfare Fund. Account details of which are as follows: Account Name : The High Court Employees Medical Welfare Fund at Mumbai. Bank Name : Bank of India, Mumbai (Main) Branch. Account No. :
000120110001337. IFSC Code : BKID0000001. 6. The Interim Application No. 2487 of 2025 is accordingly allowed and
disposed of, in the above terms.
7. List Suit on 23 rd September, 2026 for directions.
[ARIF S. DOCTOR, J.] Areeb