
Quick Summary: Bhambhani Shipping Ltd. wanted more time to file another written statement in a lawsuit with the Mumbai Port Authority. They were late by 684 days and asked the court to excuse the delay. Judge Abhay Ahuja decided to allow it but imposed a fine.
Bhambhani Shipping Ltd. and the Mumbai Port Authority were in a legal battle. The Port Authority had filed a complaint against Bhambhani Shipping, and the case was registered in December 2021. Bhambhani Shipping filed their initial defense on time, but things got complicated later.
Mr. Gandhi, representing Bhambhani Shipping, explained that the delay in filing the additional statement was because they were busy handling another urgent request from the Port Authority. This request was eventually turned down in September 2024.
"The Defendant had drained all its energies in defending the said Interim Application," Mr. Gandhi argued.
Mr. Gandhi referred to several past court decisions to argue that the court could allow the late filing. He said there was no strict rule against it, and the court could choose to extend the time in special situations.
Judge Abhay Ahuja agreed with Mr. Gandhi. He noted that while there are strict deadlines in business cases, the rules allow some flexibility for additional statements. He decided that the delay was justified and allowed Bhambhani Shipping to file their statement.
"These are exceptional circumstances in view of which the delay has occasioned for reasons beyond the control of the Defendant No. 2."
To ensure Bhambhani Shipping didn’t take such delays lightly, the judge imposed a fine of Rs. 1,00,000. This was to compensate the Port Authority for the inconvenience caused by the delay.
The court allowed Bhambhani Shipping to submit their additional statement despite the delay, but they had to pay a fine of Rs. 1,00,000 to the Mumbai Port Authority for the inconvenience caused.