Shraddha Shelters Pvt. Ltd. v. Ekta Housing Private Limited

58-COMSS-47-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUMMARY SUIT NO. 47 OF 2023 EKTA HOUSING PRIVATE LIMITED )...PLAINTIFF V/s.

SHRADHA SHELTERS PRIVATE LIMITED )...DEFENDANT WITH INTERIM APPLICATION NO. 920 OF 2024 WITH INTERIM APPLICATION (L) NO. 2333 OF 2024 WITH SUMMONS FOR JUDGMENT NO. 4 OF 2024 WITH INTERIM APPLICATION (L) NO. 21357 OF 2023 IN COMMERCIAL SUMMARY SUIT NO. 47 OF 2023 Mr.Zal Andhyarujina, Senior Advocate a/w. Jenil Shah i/by Ganesh and Co., Advocate for the Plaintiff.

Mr.Gaurav Joshi, Senior Advocate a/w. Ms.Pooja Kshirsagar, Mr.Laxman Jain and Ms.Tanisha Choudhary, Advocate for the Defendant No.1. Mr.Chetan Kapadia, Senior Advocate a/w. Mr.Yash Momaya, Mr.Krishkumar A. Jain, Mr.Kalpesh A. Bandre i/by Mr.Ritesh K.Jain, Advocate for the Defendants No.2 and 3.

CORAM

:

ABHAY AHUJA, J.

Digitally signed by ARTI VILAS KHATATE Date:

2024.06.13 10:39:56 +0530 DATE :

12th JUNE 2024 ARTI VILAS KHATATE P.C. :

INTERIM APPLICATION NO. 920 OF 2024 AND INTERIM APPLICATION (L) NO. 2333 OF 2024 1.

These Interim Applications seek rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908, on the ground avk 1/2

58-COMSS-47-2023.doc that the Plaintiff has failed to comply with the mandatory provisions of pre-institution mediation contained in Section 12A of the Commercial Courts Act, 2015.

2.

Mr.Joshi, learned Senior Counsel and Mr.Kapadia, learned Senior Counsel for the Applicants in both these applications have concluded their arguments.

3.

For Mr.Andhyarujina, learned Senior Counsel for the Plaintiff / Respondent in these applications, to reply, list on 3rd July 2024 at 2.30 p.m.

(ABHAY AHUJA, J.) avk 2/2