KBK CHEM ENGINEERING PVT. LTD. v. TIGER INFRAPROJECTS PVT. LTD. AND ORS
IA/11416/2025 · 2026-10-06
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15721 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15721 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
4-IA11416-2025.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11416 OF 2025 (Delay) IN CIVIL REVISION APPLICATION NO. 337 OF 2025 KBK Chem Engineering Pvt.Ltd. ...Applicant Versus Tiger Infraprojects Pvt. Ltd. and anr. …Respondents WITH CIVIL REVISION APPLICATION NO. 337 OF 2025 WITH INTERIM APPLICATION NO. 7434 OF 2026 Mr. Behram Kamdin, Senior Advocate, a/w Divisha Hassananandani, Vinay Kate and Gunjan Chaubey, for the Applicant. Mr. Shantanu Parundekar, a/w Hemant Bhand, for Respondent No.1.
CORAM :
N. J. JAMADAR, J.
DATED :
6th OCTOBER, 2026 PC:- IA/11416/2025 (Delay)
1. Heard the learned Counsel for the parties.
2. This is an application for condonation of delay in filing a civil revision application against an order dated 30th June, 2022, whereby an application preferred by the applicant, for the rejection of the plaint under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908, came to be rejected. 1/3 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2026.10.07 14:52:43 +0530
4-IA11416-2025.DOC
3. Initially the applicant had filed writ petition, being WP/2753/2023, assailing the impugned order. By an order dated 17th June, 2025, this Court permitted the applicant to convert the said writ petition into a civil revision application finding the impugned order revisable.
4. The learned Counsel for the respondents opposed the prayer for condonation of delay.
5. This Court has perused the averments in the application. Some amount of delay and laches is evident but that is bound to occur in any case where an application for condonation of delay is filed. Having regard to the period of delay, which cannot be said to be inordinate, and the reasons ascribed in the application and also to advance the cause of substantive justice, this Court is inclined to exercise the discretion and condone the delay.
6. Hence, the following order:
: O R D E R : (i) The application stands allowed. (ii) The delay in filing the revision application stands condoned. 2/3
4-IA11416-2025.DOC CRA/337/2025
7. Heard the learned Counsel for the parties.
8. An arguable question is raised.
9. Issue notice to the respondents.
10. Mr. Parundekar, the learned Counsel, waives notice for respondent No.1.
11. Stand over to 3rd November, 2026.
12. In the meanwhile, there shall be an ad-interim relief in terms of prayer clause (b).
[N. J. JAMADAR, J.] 3/3