DIPTI CO OPERATIVE HOUSING SOCIETY LIMITED vs BUILDCON SETHIA CONSTRUCTION

Judgment text excerpt

Digitally signed VARSHA by VARSHA VIJAY RAJGURU VIJAY Date: RAJGURU 2025.11.24 14:22:59 +0530 44-ial-28008-2025.doc varsha IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 28008 OF 2025 IN COMMERCIAL SUIT (L) NO. 22835 OF 2025 Dipti Co-operative Housing Society Ltd … Applicant IN THE MATTER BETWEEN Buildcon Sethia Construction … Plaintiff vs. Dipti Co-operative Housing Society Ltd … Defendant Mr. Simil Purohit, Senior Advocate a/w. Mr. Vishal Pattabiraman i/b. Mr. Nikhil Rajeshirke, Mr. Saurabh Rajeshirke for Applicant/Defendant. Mr. Karl Tamboly a/w. Mr. Bhavin Shah a/w. Mr. Anshul Anjarlekar a/w. Ms. Sanika Athalye i/b. Raval Shah and Co., for the Plaintiff. CORAM : GAURI GODSE, J. DATED : 17th NOVEMBER 2025 JUDGMENT: FACTS IN BRIEF: 1. This application is filed by the defendant under Order VII Rule 11 of the Civil Procedure Code, 1908 (‘CPC’), praying to reject the plaint under clause (d) of Order VII Rule 11 of the CPC on the ground that the suit filed without following the mandatory Page no. 1 of 16 44-ial-28008-2025.doc requirement under Section 12A of the Commercial Courts Act, 2015 (‘said Act’) deserves to be rejected. It is the objection on behalf of the defendant that the suit does not contemplate any urgent interim relief. Thus, in view of the well-settled legal principles, the plaint deserves to be rejected for non-compliance with Section 12A of the said Act. SUBMISSIONS ON BEHALF OF THE DEFENDANT: 2. Learned senior counsel for the defendant relies upon the relevant paragraphs in the plaint and submits that the redevelopment agreement in favour of the plaintiff was terminated by legal notice dated 1st April 2025. The suit to challenge the termination is filed on 10th July 2025. The plaint does not rev