Prem Satyadev Sood v. Barun Investment Company Private Limited
501. MCA 387-2025 (Prod).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 387 OF 2025 WITH INTERIM APPLICATION (ST) NO. 31256 OF 2025 IN MISCELLANEOUS CIVIL APPLICATION NO. 387 OF 2025 ANAND SUDHAKAR SUDAME Prem Satyadev Sood ..Applicant
Versus
Barun Investment Company Private Limited & ors. ..Respondents by ANAND SUDHAKAR SUDAME Date:
2025.10.03 18:50:10 +0530 Mr. Vikash Kamlesh Rai, Advocate, for the Applicant CORAM : RAJESH S. PATIL, J.
DATE : 03.10.2025 P. C.
1.
Mentioned. Not on board. Taken on board.
2.
The matter is moved by way of a praecipe due to urgency. 3.
By an Order dated 23.09.2025, this Court had issued notice to the Respondent returnable on 07.10.2025. Hamdast was permitted. So also a private service was also permitted.
4.
It is the case of the Applicants' that the real landlord of the building in which the suit premises is situated is not available and an unknown Company is claiming to be the landlord of the suit building and accordingly, the suits have been filed before the Small Causes Court.
Anand
501. MCA 387-2025 (Prod).doc 5.
He submits that eviction proceeding filed against the Applicant is pending before the Court Room No. 17, Small Causes Court and though the Order of issuance of notice and the returnable date was pointed out, learned Judge has moved ahead with the matter and has kept the matter for passing order on 06.10.2025. Therefore, the matter is moved before this Court to seek an urgent relief. 6.
In the morning session when the matter was mentioned, Mr. Sood was directed to serve a notice on the lawyer appeared for the other side before the trial Court. Mr. Sood has now handed over a copy of the service letter dated 03.10.2025 addressed to the Advocate J. J. Jadeja. On the bottom of the page, it has been written by hand "service is refused".
7.
Considering facts of the present suit, in my view, in the interest of justice, RAE Suit No. 562/885/2014 which is pending before 17th Court, Small Causes Court, Mumbai be stayed till further Orders are passed by this Court in the present proceedings. 8.
All concerned to act on the authenticated copy of this Order. (RAJESH S. PATIL, J.) Anand