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Bombay High CourtWP/5795/2024disposed off

M/S. Mobile Arts S.A.L. v. M/S. Mauj Mobile Private Limited.

2024-07-15Hon'Ble Shri Justice Milind N. Jadhav2 pages

11.wp.5795.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5795 OF 2024 M/s. Mobile Arts S.A.L.

.. Petitioner

Versus

M/s. Mauj Mobile Private Limited .. Respondent ....................

 Mr. Pankaj Mehta, Advocate for Petitioner.

 Mr. Kunal Mehta a/w. Ms. Riti Gada i./by Dua Associates, Advocates for Respondent.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : JULY 15, 2024.

P.C.:

1.

Heard Mr. Pankaj Mehta, learned Advocate for Petitioner and Mr. Kunal Mehta, learned Advocate for Respondent. 2.

At the outset, Mr. Kunal Mehta would submit that he has strong objection on the maintainability of the present Writ Petition under Article 227 of the Constitution of India considering that the original proceedings which is filed before the Trial Court is a Commercial Summary Suit and in view of the bar under Section 8A of the Commercial Courts Act, 2015 (for short 'the said Act') therein. 3.

Registry is directed to examine the objection raised by Mr. Kunal Mehta and if so desire, hear the Advocate for Respondent and

11.wp.5795.24.doc put up appropriate report before the Court.

4.

In the meanwhile, since this Court is seized with the present Writ Petition, the learned Trial Court is directed by this Court to defer the hearing of the Suit proceedings until the present Writ Petition is disposed of.

5.

Place the present Writ Petition on board on 5th August 2024 at 02:30 p.m.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2024.07.15 18:17:04 +0530 AJAY TRAMBAK UGALMUGALE