Wallace Flour Mills Co Pvt Ltd v. Andheri Varma Nagar Chs Ltd

63. MCA 293-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 293 OF 2025 Wallace Flour Mills Co. Pvt. Ltd.

..Applicant

Versus

ANAND SUDHAKAR SUDAME Andheri Varma Nagar CHS Ltd. & ors.

..Respondents Ms. Riddhi Natekar, Mr. Adit Desai i/b. TRD Associates, Advocates, for the Applicant Mr. A. R. Patil, Addl. GP, for Respondent Nos. 4 & 5 - State by ANAND SUDHAKAR SUDAME Date: 2025.10.18 15:57:24 +0530 CORAM : RAJESH S. PATIL, J.

DATE : 17.10.2025 P. C.

1.

Ms. Natekar, learned Counsel for the Applicant/Original Plaintiff submits that the present suit has been wrongly transferred to the City Civil Court, Mumbai. She submits that in para 21 of the plaint, it has been specifically stated that the properties described in the Schedule at Exhs. 'A' and 'B', at more than Rupees Five Crores and the Plaintiff is also claiming damages to the tune of Rs. Ten crores. Therefore, the Plaintiff has paid maximum Court fees of Rs. 3,00,000/-. She submits that the suit is valued at Rs. Fifteen crores and as per the Bombay City Civil Court Act, 1948, notification of November, 2023, the Bombay City Civil Court has jurisdiction to try and dispose of the suit of Civil nature not exceeding to Rs. Ten crores in valuation. Therefore, the department Anand

63. MCA 293-2025.doc has wrongly transferred the Suit No. 6 of 2019 to the Bombay City Civil Court. She submits that apart from the Suit No. 6 of 2019, there are two more connected suits, being Suit Nos. 78 and 82 of 2019 which are pending for adjudication before this Court. She submits that all the three Suits are valued at Rs. Fifteen crores. 2.

Since service report of Respondent No. 3 is awaited, stand over to 19.11.2025 under the caption "For Directions". (RAJESH S. PATIL, J.) Anand