Roopa Ashok Shukla v. Kamakhya Devi Stock And Investment
49-IA-1373-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by KANCHAN PRASHANT DHURI Date:
2025.06.10 14:59:39 +0530 IN ITS COMMERCIAL DIVISION KANCHAN PRASHANT DHURI INTERIM APPLICATION NO. 1373 OF 2025 IN COMMERCIAL SUMMARY SUIT NO. 137 OF 2021 Roopa Ashok Shukla and others ... Applicants/ Original Defendants No.2 to 4 In the matter between :
Kamakhya Devi Stock & Investment Pvt. Ltd.
... Plaintiff
Versus
Vasudha Resources Private Limited and others ... Defendants ............
Mr. N.S. Dubey instructed by Mr. S.S. Dube, Advocate for the Applicant/Original Defendant No.2 to 4.
Mr. Akshay Patil alongwith Ms. Devika Madekar instructed by Mr. Mayur Thorat, Advocate for the Plaintiff.
............
CORAM
:
ABHAY AHUJA, J.
DATE :
9 JUNE 2025 P.C. :
1.
This Interim Application has been filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (the "CPC"). Mr. Dube, learned Counsel appears for the Applicant and submits that the Application has been preferred under Order VII Rule 11(a) and Rule 11(d) of the CPC. Mr. Dubey contends that the entire Plaint has no cause of action and therefore, it deserves to be rejected under Order VII Rule 11(a) of the CPC.
Kanchan Dhuri 1/2
49-IA-1373-2025.doc 2.
Mr. Dubey further submits that the Suit in any event is barred by the law of limitation and also that the pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 has not been complied with. That on these two grounds as well, the Suit is barred by law and therefore, ought to be rejected under Order VII Rule 11(d) of the CPC.
3.
Mr. Dubey has also sought to canvass that the Suit filed under Order XXXVII of the CPC cannot be filed under the commercial division of this Court in view of the Order XIII-A of the CPC applicable to the commercial disputes. Mr. Dubey seeks further time of fifteen minutes to conclude his arguments on the next date.
4.
Accordingly, list on 2nd July 2025 at 4.30 p.m. 5.
Let Mr. Patil, learned Counsel, for the Plaintiff also get ready with his arguments so that hearing can be concluded. (ABHAY AHUJA, J.) Kanchan Dhuri 2/2