Tejraj Devichand Mutha v. Nish Developers Private Limited

Megha 42_ia_5536_2025 in sl_15099_25.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.5536 OF 2025 IN INTERIM APPLICATION (L) NO.15106 OF 2025 IN SUIT (L) NO.15099 OF 2025 Tejraj Devichand Mutha ...Applicant/Plaintiff V/s.

Nish Developers Private Limited and Ors.

...Defendants ______________ Mr. Dhruva Gandhi with Mr. Vishal Tiwari and Mr. Jaydutta Khoche i/b. M/s. White & Brief Adovcates and Solicitors for the Applicants/Plaintiffs Mr. Shashikant G. Surana i/b. Mr. Madhur S. Surana for Defendant No.1 Mr. G.O. Giri with Mr. Rohit Gaikwad i/b. Ms. Komal R. Punjabi for Defendant Nos.2 to 4-MCGM.

______________ CORAM: SANDEEP V. MARNE, J.

DATED: 6 OCTOBER 2025 P.C.:

1) Interim Applicaiton No.5536 of 2025 is filed for restoration of the Suit (L) No.15099 of 2025 and Interim Application (L) No.15106 of 2025, which have been dismissed by the Prothonotary and Senior Master under Rule 986 of the Bombay High Court (Original Side) Rules 1980. The Application is fairely not opposed by the learned counsel appering for Defendant No.1.

Page No.

1 of 6 October 2025

Megha 42_ia_5536_2025 in sl_15099_25.docx 2) Considering the averments made in the Application, I am of the view that the Suit and Interim Application deserve to be restored for being decided on merits.

3) Accordingly, the Interim Application (L) No.5536 of 2025 is allowed and disposed of.

4) Interim Application (L) No.15106 of 2025 and Suit (L) No.15099 of 2025 are restored subject to the condition of removing of all office objections within a period of four weeks. [SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 07/10/2025 11:17:07 Page No.

2 of 6 October 2025