Hindustan Construction Company Limited v. Mumbai Metro One Private Limited

29-IA-1897-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1897 OF 2025 IN COMMERCIAL SUMMARY SUIT NO.3 OF 2025 HINDUSTAN CONSTRUCTION COMPANY LTD.

)...APPLICANT V/s.

MUMBAI METRO ONE PRIVATE LIMITED )...RESPONDENT WITH INTERIM APPLICATION NO.1969 OF 2025 IN COMMERCIAL SUMMARY SUIT NO.3 OF 2025 WITH SUMMONS FOR JUDGMENT NO.7 OF 2025 IN COMMERCIAL SUMMARY SUIT NO.3 OF 2025 Mr.Shanay Shah a/w. Mr.Harshad Vyas i/by AVP Partners, Advocate for the Applicant/ Plaintiff.

Mr.Tushad Kakalia a/w. Ms.Bhavna Singh Jaipuria, Mr.Paresh Patkar and Mr.Ayaan Zariwalla i/by Mulla and Mulla and CBC, Advocate for the Defendant in COMSS/3/2025 and for the Applicant in IA/1969/2025.

Digitally signed by ARTI VILAS KHATATE Date:

2025.08.05 20:01:54 +0530 ARTI VILAS KHATATE

CORAM

:

ABHAY AHUJA, J.

DATE :

4th AUGUST 2025 P.C. :

1.

When the matter is called out, Mr.Kakalia, learned Counsel, appears for the Defendant and submits that there is another Interim Application No.3145 of 2025 that has been taken out by the Defendant AVK 1/2

29-IA-1897-2025.doc under Order VII Rule 11 of the Code of Civil Procedure, 1908 ("CPC") in as much as the provisions of Section 12A of the Commercial Courts Act, 2015 have not been complied with. Mr.Kakalia also submits that although the Interim Application is not on board, reply has been filed and some time be granted to file rejoinder to the same. 2.

Let rejoinder be filed within a period of two weeks with copy to the other side.

3.

List on 10th September 2025 along with Interim Application No.3145 of 2025.

4.

Registry to accept rejoinder in the Summons for Judgment. (ABHAY AHUJA, J.) AVK 2/2