HUBTOWN LIMITED vs ASHOK COMMERCIAL ENTERPRISES

901-IA(L)-27175-2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY rrpillai ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 27175 OF 2021 IN COMMERCIAL SUIT NO. 1532 OF 2018 Hubtown Limited … Applicant In the matter between … Plaintiff Ashok Commercial Enterprises Vs. Hubtown Limited … Defendant Mr. Navroz Seervai, Senior Advocate a/w Mr. Prateek Sakseria, Senior Advocate a/w Mr. Nishit Dhruva, Mr. Yash Dhruva, Ms. Niyati Mechant, Mr. Harsh Sheth i/b MDP Legal for the Applicant in IA(L)/27175/2021/Defendant. Mr. Gaurav Joshi, Senior Advocate a/w Mr. Gaurav Mehta, Mr. Chaitanya D. Mehta, Ms. Sonali Aggarwal i/b M/s. Dhruve Liladhar & Co. for the Plaintiff. CORAM : GAURI GODSE, J. RESERVED ON : 16th OCTOBER 2025 PRONOUNCED ON : 21st JANUARY 2026 JUDGMENT: BASIC FACTS: 1. This application is filed by the defendant under Order VII 2. The submissions made by learned senior counsel for the defendant are summarised as under: a) As per the pleadings in the plaint, the plaintiff is engaged in the business of builder finance and claims to have advanced loans to the defendant from 2011-2012 at interest rates up to 36% per annum. The plaintiff has pleaded that a loan was grant