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2025 DAILYLAW 4170 (BOM)

POORVI SHAH v. MINTIFI PRIVATE LIMITED

IA/4733/2026 · 2026-09-02

body2025

Judgment text

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1/2 33 S-184-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 184 OF 2025 Suraj Ramesh Mundada … Plaintiff Vs. Mintifi Private Limited … Defendant WITH INTERIM APPLICATION NO. 4733 OF 2026 IN SUIT NO. 184 OF 2025 _______ Ms. Soumya Srinivasan and Mr. Aryaman Ghag i/b Legasis Partners for Plaintiff. Ms. Mrinali Dave i/b Keystone Partners for Defendants. _______ CORAM : ARIF S. DOCTOR, J. DATE : 2 nd SEPTEMBER, 2026. P.C. Interim Application No. 4733 of 2026 : 1. Interim Application has been preferred for condonation of delay of 253 days caused in filing the Written Statement of Defendant No. 3. 2. Learned counsel appearing on behalf of the Plaintiff fairly submitted that he does not wish to file Reply Affidavit to the Interim Application however, submits that if Court is inclined to condone the delay then some costs be Sairaj SAIRAJ SANJAY KARANDE Digitally signed by SAIRAJ SANJAY KARANDE Date: 2026.09.03 18:01:20 +0530 2/2 33 S-184-2025.DOC imposed on Defendant No. 3. The reason he submits is that the delay has not been sufficiently explained. 3. Per contra, learned counsel for the Applicant points out that Defendant No. 3 was at the relevant time on sabbatical and though writ of summons was served upon the company, she submits that an additional affidavit placing this material on record has also been filed. 4. Having heard learned counsel for Defendant No. 3 and having noted the fact that the Defendant No. 3 was on sabbatical, I find sufficient cause to condone the delay has been made out. In my view, the substantive interest of justice would require delay to be condoned and the suit be heard on merits, I am therefore, not imposing any costs. 5. Interim Application is allowed. Suit No. 184 of 2025 : 6. Learned counsel for the parties has today informed the Court that mediation proceedings have failed. They seek time to file the mediation report. Re-notify on 16 th September, 2026. (ARIF S. DOCTOR, J.) Sairaj