Rahul Naresh Puglia And Others v. Atul N. Wandile Thr. Special P.O.A. Shri. Suresh Shankarrao Mule And Others

2025:BHC-NAG:14571 1 52-cra 122.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL REVISION APPLICATION NO. 122 OF 2025 ( Rahul Naresh Puglia and others vs. Atul N. Wandile and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. M. P. Khajanchi, Advocate for petitioner. Mr. A. M. Chandekar, Advocate for respondent No.1. Mr. Rahul Vyavhare, Advocate for respondent Nos.3 to 5. CORAM : ROHIT W. JOSHI, J.

DECEMBER 18, 2025 1) Learned counsel for the respondent No.1/plaintiff makes a motion on instructions from the plaintiff that Commercial Suit No.01/2024 pending before the Judge, Commercial Court, Chandrapur be permitted to be withdrawn with liberty to file afresh suit on the same cause of action. 2) It appears from the perusal of the pleadings that although case of urgent interim orders is not made out, suit is filed without taking recourse or pre-institution mediation as contemplated under Section 12-A of the Commercial Courts Act, 2015.

3) Permission to withdraw Commercial Suit is granted with liberty to file afresh suit on the same cause of action. Time spent from the date of institution of suit till today shall be excluded for the purpose of computation of limitation. 4) Liberty is granted to the respondent No.1/plaintiff to make appropriate application before the learned Trial Court for refund of Court fees.

( ROHIT W. JOSHI, J. ) KOLHE