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2026 DAILYLAW 7952 (BOM)

JAICO CRICEKT CLUB v. J.S. SAHARIA AND 3 ORS

IA/4404/2026 · 2026-09-11

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Judgment text

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4-IAL.29792.2026++.doc Salunke IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 29792 OF 2026 IN WRIT PETITION NO. 4444 OF 2025 EMA Cricket Club } Applicant In the matter between Shripad R. Halbe & Anr. } Petitioners Versus J. S. Saharia & Anr. } Respondents WITH INTERIM APPLICATION NO. 4030 OF 2026 WITH INTERIM APPLICATION NO. 4404 OF 2026 WITH INTERIM APPLICATION (L) NO. 26343 OF 2026 WITH INTERIM APPLICATION (L) NO. 29511 OF 2026 WITH INTERIM APPLICATION (L) NO. 29833 OF 2026 WITH INTERIM APPLICATION (L) NO. 29838 OF 2026 WITH INTERIM APPLICATION (L) NO. 29863 OF 2026 WITH INTERIM APPLICATION (L) NO. 29875 OF 2026 WITH INTERIM APPLICATION (L) NO. 29878 OF 2026 WITH INTERIM APPLICATION (L) NO. 29953 OF 2026 WITH INTERIM APPLICATION (L) NO. 30055 OF 2026 WITH INTERIM APPLICATION (L) NO. 30069 OF 2026 WITH INTERIM APPLICATION (L) NO. 30079 OF 2026 WITH INTERIM APPLICATION (L) NO. 30093 OF 2026 WITH INTERIM APPLICATION (L) NO. 30125 OF 2026 WITH INTERIM APPLICATION (L) NO. 30127 OF 2026 1 JAYANT VISHWANATH SALUNKE Digitally signed by JAYANT VISHWANATH SALUNKE Date: 2026.09.11 19:33:12 +0530 4-IAL.29792.2026++.doc WITH INTERIM APPLICATION (L) NO. 30760 OF 2026 WITH INTERIM APPLICATION (L) NO. 30773 OF 2026 WITH INTERIM APPLICATION (L) NO. 30915 OF 2026 WITH INTERIM APPLICATION (L) NO. 30967 OF 2026 WITH INTERIM APPLICATION (L) NO. 30974 OF 2026 WITH INTERIM APPLICATION (L) NO. 31050 OF 2026 WITH INTERIM APPLICATION (L) NO. 31126 OF 2026 WITH INTERIM APPLICATION (L) NO. 31298 OF 2026 WITH INTERIM APPLICATION (L) NO. 31528 OF 2026 Mr. AseemNaphade i/b. Ms. Shaikh Lubna, Advocates for the all the Applicants except IAL/29511/2026. Ms. Mahek Bookwala with Mr. Gaurav Lele i/b. Mr.Viraj Jadhav, for the Applicant in IAL/29511/2026. Ms. Sneha Phene with Ms. Rajni Divekar, Advocates for the Original Petitioners. Mr. Sameer Tiwari i/b. Mr. Amit Karle, Advocates for Respondent No. 1. Mr. S. B. Pawar with Ms. Milkesha Sangle i/b. S. K. Legal Associates LLP, Advocates for Respondent No. 2. CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 11th SEPTEMBER, 2026 P.C.: 1. At the outset, the learned counsel for the applicants place reliance on the order passed by a coordinate Bench of this Court on 9th July 2026 in Interim Application (L) No. 19453 of 2026. They 2 4-IAL.29792.2026++.doc submit that in the similar facts, the coordinate Bench has allowed the application of the respondents therein for extension of time to comply with the order. They further submit that similar indulgence be granted in these Interim Applications. 2. Mr. Aseem Naphade, the learned counsel for the Applicants in some of the Interim Applications has provided a chart indicating therein the delay caused in compliance of Clause 2(b) of the consent order dated 7th November 2026 passed in this Court in Writ Petition No.4444 of 2025. The chart provided by the learned counsel for the Applicants is taken on record. 3. The learned counsel for the Applicants submit that these Interim Applications may be allowed in terms of the order dated 9th July 2026 passed in Interim Application (L) No. 19453 of 2026. 4. For ready reference, the order dated 9th July 2026 is reproduced below: - “1) Leave to amend to effect necessary corrections in prayer clause and corresponding pleadings, granted. Amendment be carried out forthwith and in any event during the course of the day. 2) By this Interim Application, the Applicant is seeking extension of time to comply with Paragraph No.2(a) of Order dated 7th November, 2025. Paragraph No.2(a) of the said Order dated 7th November, 2025 reads as under:- “2(a) At the Special General Body Meeting of the members of Respondent No.2 scheduled for November 12, 2025 (“SGBM”), the following agenda item shall be added and taken up for consideration. “The members of the MCA shall, within a period of 4 (four) months from the date of passing of this resolution, ensure compliance of Regulation 3(A)(g) of the MCA Memorandum of Association & Rules and Regulations.” 3) Mr. Bookwala, learned senior counsel for the 3 4-IAL.29792.2026++.doc Applicant submitted that, after the said Order dated 7th November, 2025 was passed, owing to the confusion on the part of the Applicant’s Trustees, with regard to the terms of its compliance, time was consumed in taking legal advise and that caused the delay of 2 months in complying with the said Order. He submitted that, the above said reasons are pleaded in the Application. 4) Satisfied with the explanation offered, we are of the opinion that, the Applicant is entitled for the relief prayed for in the prayer clause (a). 5) Application is accordingly allowed in terms of prayer clause (a).” 5. So far as other issues are concerned, we are not inclined to delve into the same as the Interim Applications are pressed for extension of time only and condonation of delay. 6. In view of the above, all the Interim Applications are allowed and disposed of in terms of the order dated 9th July 2026 passed in Interim Application (L) No. 19453 of 2026 which is extracted above. Consequently, the delay caused in compliance of Clause 2(b) of the consent order dated 7th November 2026 passed in this Court in Writ Petition No.4444 of 2025 is condoned and further time of three months is granted to the concerned/respective Applicants to comply with the aforesaid order. 7. All the Interim Applications are disposed of accordingly. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 4