Poonam Singh v. M/S Laptech The It Score And ORS

516-wp-7888-2025.spm.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7888 OF 2025 Poonam Singh ... Petitioner vs.

M/s. Laptech the IT Score and Ors ... Respondents Mr. Joel Carlos a/w. Ms. Sanjana Shivkar for Petitioner. Mr. Mohan Tekavde a/w. Ms. Mrudula Kadam, Ms. Rhea Jaiswar, Mr. Chinmay Bhagat on behalf of ADI Legal for Respondent Nos. 2,4,5 and 6.

CORAM : GAURI GODSE, J.

DATED : 20th JUNE 2025 Digitally signed by VARSHA VIJAY RAJGURU Date:

2025.06.27 13:15:39 +0530 VARSHA VIJAY RAJGURU ORDER:

1.

Not on board. Taken on production board.

2.

Learned counsel for the petitioner makes a grievance that the petitioner is not a party to the commercial suit pending in the City Civil Court. However, she is made party respondent in Notice of Motion No. 3133 of 2024, seeking prayer for initiating inquiry under Section 215 of Bharatiya Nagarik Suraksha Sanhita, 2023. 3.

Learned counsel for the petitioner further submits that the petitioner sought leave to file a separate notice of motion since she was not a party to the main suit. However, the learned Judge has refused to even grant permission to register notice of motion. He submits that the petitioner could not have been refused to Note : This is the corrected Order as per the speaking to minutes order dated 25th June 2025. Page no. 1 of 2

516-wp-7888-2025.spm.doc register notice of motion and at the most the motion could have heard and rejected on merits. He submits that serious prejudice would be caused to the petitioner, if Notice of Motion No. 3133 of 2024 is heard without hearing notice of motion sought to be filed by the petitioner.

4.

I have perused the roznama dated 20th March 2025. Learned counsel for the petitioner is right in submitting that the petitioner should have been at least allowed to file notice of motion.

5.

Issue notice for final disposal of the petition at admission stage. Notice is made returnable on 22nd July 2025. 6.

Mr. Mohan Tekavde waives notice on behalf of respondent nos. 2, 4, 5 and 6.

7.

In addition to the court notice, learned advocate for the petitioner to serve the remaining respondents, by private notice and file affidavit of service, before the next date. 8.

Humdast is permitted for court notice.

9.

The learned Judge of the City Civil Court shall defer hearing of Notice of Motion No. 3133 of 2024 beyond the returnable date of this petition.

(GAURI GODSE, J.) Note : This is the corrected Order as per the speaking to minutes order dated 25th June 2025. Page no. 2 of 2