Varun Chhabria And ANR v. Supreme Indosaigon Associates A Partnership Firm And ORS

22-WP-2685-2026.DOC Ajit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2685 OF 2026 Varun Chhabria And Anr.

...Petitioners

Versus

Supreme Indosaigon Associates A Partnership Firm And Ors.

...Respondents

Mr. Rajeev Singh a/w Aditya Mhatre i/b Lawfort Advocates, for the Petitioners.

Ms. Sankita Chandanshive i/b ALJ & Partners, for the Respondents. Dr. Dhruti Kapadia, AGP for the Respondent-State.

CORAM:

N. J. JAMADAR, J.

DATE :

09th MARCH 2026 P.C.:

1.

Heard the learned counsel for the Petitioners. 2.

The challenge in this petition is to an order passed by the learned Judge, City Civil Court, whereby an application for adjournment on the ground that the parties intended to explore the possibility of resolution of the dispute through mediation came to be rejected. 3.

The learned Judge was of the view that since the Suits had been instituted in the year 2006, the prayer for referring the parties to mediation appeared to be a ploy to seek an adjournment. 4.

The view of the learned Judge appears to be based on the experience the learned Judge might have had about the manner in which the parties proceeded with the hearing of the Suits. Nonetheless, since the resolution of the dispute through mediation may put an end to 1/2

22-WP-2685-2026.DOC the litigation once and for all and may avoid further rounds of litigation before the higher courts and possible execution proceedings, this Court is of the view that a reasonable time is required to be granted to the parties to explore the possibility of a mediated settlement. If the mediation does not materialize within the stipulated time frame, the Suits can proceed on merits.

5.

With the consent of the learned counsel for the parties, Hon'ble Smt. Justice Sadhna Jadhav (Retired) is appointed as a Mediator to explore the possibility of a mediated settlement of the dispute. 6.

The parties shall approach the learned Mediator after seeking the convenience of the learned Mediator, during this week. 7.

The learned Mediator is requested to explore the possibility of a mediated settlement of the dispute and submit a report to the City Civil Court on or before 10th April 2026.

8.

The learned Judge, City Civil Court, is requested to defer the hearing in the Suits beyond 10th April 2026.

9.

It is hereby made clear that if the mediation turns out to be unsuccessful, the parties shall proceed with the hearing of the Suits and shall not seek any adjournment thereafter.

10.

The petition stands disposed.

[N. J. JAMADAR, J.] 2/2