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september 2025

Bombay High Court · 2025-09-24

Rajesh Laxmichand Bheda vs Ketan Vallabhji Veera

Citation / case number
IA/3142/2025
Court
Bombay High Court
Petitioner
Rajesh Laxmichand Bheda
Respondent
Ketan Vallabhji Veera
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Judgment text excerpt

14. Mr. Ashish Kamat, a/w. Mr. Maulik Vora, Ms. Akshata Pawar, i/b. Pramodkumar and Co. for Defendant Nos. 2 to 7. Mr. Aadhil Parshurampurya a/w. Mr. Kartikey Aavasthi for defendant No.9. Page no. 1 of 15 78-IA-3142-3144-2025.doc CORAM : GAURI GODSE, J. DATED : 24th SEPTEMBER 2025 ORDER: 1. Interim Application No. 3142 of 2025 is filed by defendant no. 3 and Interim Application No. 3144 of 2025 is filed by defendant no. 9 under Order VII Rule 10 of the Code of Civil Procedure 1908 (“CPC”) for a direction to return the plaint for presentation before the appropriate court. Alternatively, the applicants have prayed that necessary directions be issued to renumber the plaint as a regular suit. It is contended by these defendants that the suit filed and instituted as a commercial suit would not fall under the definition of Section 2(1)(c) of the Commercial Courts Act (‘said Act’). Submissions On Behalf Of Defendant Nos. 3 and 9: 2. Learned counsels for these defendants relied upon various averments in the plaint to point out that the plaintiffs have identified themselves as co-owners of the subject property. Although they have prayed for relief of possession and declaration in respect of