Magrolia Leasing And Infotech Pvt Ltd v. Palm Grove Beach Hotels Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 3062 OF 2024 IN COMMERCIAL SUIT NO. 71 OF 2024 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.11.19 14:08:41 +0530 AND COMMERCIAL SUIT NO. 71 OF 2024 SHRADDHA KAMLESH TALEKAR WITH INTERIM APPLICATION NO. 5600 OF 2025 WITH INTERIM APPLICATION NO. 3457 OF 2025 WITH INTERIM APPLICATION NO. 1506 OF 2025 WITH INTERIM APPLICATION NO. 1387 OF 2025 WITH INTERIM APPLICATION NO. 1384 OF 2025 WITH INTERIM APPLICATION NO. 1383 OF 2025 WITH INTERIM APPLICATION NO. 1295 OF 2025 WITH INTERIM APPLICATION NO. 1279 OF 2025 WITH INTERIM APPLICATION NO. 524 OF 2025 WITH INTERIM APPLICATION NO. 522 OF 2025 WITH INTERIM APPLICATION NO. 3062 OF 2025 IN COMMERCIAL SUIT NO. 71 OF 2024 Palm Grove Beach Hotels Pvt Ltd ...Plaintiff

Versus

Raheja Plaza Premises CHS Ltd.

...Defendant Mr. Hrushi Narvekar a/w. Mr. Reehan Ajmerwalla i/b Ms. Madhu Hiraskar, for Plaintiff.

Ms.Sweta Moghe i/b Sweta Mehta and Girdharlal, for Defendant Nos. 1, 2, 3, 4, 15 & 16.

Mr. Anil Mishra, for Defendant Nos. 5 and 6.

Mr Dhruv Gandhi a/w. Sankalp Anantwar and Ronak Mistry i/b SMA Law Partners, for Applicant in IA-524-2025, IA-522-2025 and IA-1387-2025 and for Defendant Nos. 7,8,10-12&17-22 in COMS-71-2024.

Mr Dhruv Gandhi a/w. Sankalp Anantwar and Ronak Mistry i/b SMA Law Partners, for Defendant Nos. 7,8,10-12 & 17-22 in IA3062-2025, for Defendant Nos. 7,8,10-12 & 17-22 in IA-56002025 and for Defendant Nos. 7,8,10-12 & 17-22 in IA-71-2024. Mr. Brian Noronha a/w. Ms. Amisha Upadhyay i/b India Law LLP, for Defendant No. 14.

Mr. Anupam Surve a/w. Ms. Hilla Boatwalla i/b Nanu Hormasjee & Co., for Defendant No. 23 in IA-3457-2025.

CORAM

: SOMASEKHAR SUNDARESAN, J.

Date : November 18, 2025 ORDER :

1.

A number of Interim Applications listed at Sr. No. 67 today are filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 ("CPC") essentially on the ground that the suit is barred by limitation and that in any event, pre-institution mediation had not been resorted to. Let replies to all the interim applications under Order VII Rule 11 of the CPC be filed within a period of two weeks from today. Rejoinder, if any, may be filed within a week thereafter.

2.

Separately, an affidavit in reply of Defendant Nos. 5 and 6 in Interim Application (L) No. 11738 of 2024 is taken on record. It is stated by the Advocates for the Defendants that the writ of summons has yet to be served upon him, and therefore, no written statement has been filed. The Plaintiff shall ensure completion of service of writ of summons on all the Defendants within a period of one week from today. 3.

List all the Applications under Order VII Rule 11 for consideration on December 16, 2025.

4.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.]