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

5. MCA 293-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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

..Applicant

Versus

Andheri Varma Nagar Co-operative Housing Society ..Respondents Limited & ors.

ANAND SUDHAKAR SUDAME Date: 2025.12.10 19:44:42 +0530 Ms. Ashita Chhiber i/b. TRD Associates, Advocate, for the Applicant Mr. A. R. Patil, Addl. GP, for the Respondent - State Mr. D. R. Kawale i/b. Ms. Komal Punjabi, Advocates, for Respondent No. 6 - MCGM CORAM : RAJESH S. PATIL, J.

DATE : 10.12.2025 P. C.

1.

The Prothonotary & Senior Master has furnished his Report dated 09.12.2025.

2.

As per the said Report of the Prothonotary & Senior Master, it is submitted that Suit No. 6 of 2019 registered with the Bombay High Court, transferred to the City Civil Court and re-numbered as Suit No. 4022 of 2024 was wrongly transferred to the City Civil Court, since the Plaintiff had valued the Suit at Rs. 15,00,00,000 (Rupees Fifteen Crores Only).

3.

It is further submitted that pecuniary jurisdiction of the said Suit lies with the Bombay High Court hence the Suit needs to be transferred Anand

5. MCA 293-2025.doc back to the Bombay High Court.

4.

The Report of the Prothonotary & Senior Master is accepted. 5.

Registrar of the City Civil Court, Bombay is hereby directed to transfer the proceeding, being Suit No. 4022 of 2024 (earlier numbered in the Bombay High Court as Suit No. 6 of 2019) within a period of four weeks from today.

6.

The Applicant is permitted to furnish an ordinary copy of this Order to the Registrar of the City Civil Court in order to permit him to take steps in the present proceeding.

7.

The Miscellaneous Civil Application stands disposed of as allowed.

8.

All concerned to act on the authenticated copy of this Order. (RAJESH S. PATIL, J.) Anand