Quick Summary: The Bombay High Court handled a case where Gautam Dham Co-operative Housing Society submitted a late defense against the Parsi Panchayat's claims. The court had to decide if the delay was reasonable.
In this legal dispute, Gautam Dham Co-operative Housing Society Limited was against the Funds and Properties of Parsi Panchayat, Bombay, and a few others. The main issue was a delay in submitting a written response by the housing society, which was 75 days late.
Mr. Rohaan Cama, speaking for the housing society, explained that the delay happened because of a mix-up at the lawyer's office. The court notice was received on March 8, 2023, but the written response was only submitted on June 21, 2023. The lawyer's office didn't inform the lawyer, causing the delay.
"The delay is due to the office of the lawyer who received the court notice," said Mr. Cama.
The plaintiffs, represented by Mr. Smith Colaco, argued that blaming the lawyer wasn't a good excuse. They pointed out that the authorization document was filed way back on June 11, 2021, suggesting that the society had plenty of time to reply.
They mentioned previous cases to support their argument, saying, "The habit of blaming the lawyer has been criticized."
Judge Jitendra Jain had to decide when the countdown for the response deadline should start. The plaintiffs argued it should start from the authorization document filing date, while the defendants said it should be from when the court notice was received.
The judge agreed with the defendants, stating that the countdown starts when the court notice and the complaint are given together.
"The deadline would start from the day when the court notice along with the copy of the complaint is given," concluded Judge Jain.
The court found the housing society's reasons for the delay to be acceptable. The society, run by volunteer members, had not gained anything from the delay. The court decided to forgive the delay and allowed the written response to be accepted.
"The reason given is enough for this Court to forgive the delay," said Judge Jain.
The court sided with Gautam Dham Co-operative Housing Society, allowing their late defense to be filed. This case shows the importance of timely communication and the court's willingness to consider genuine reasons for delays.
(JITENDRA JAIN, J.)
