HUBTOWN LIMITED vs ASHOK COMMERCIAL ENTERPRISES

Judgment text excerpt

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 Digitally signed by RAJESHWARI RAJESHWARI RAMESH PILLAI Rule 11(d) of the Civil Procedure Code (‘CPC’) for the rejection RAMESH PILLAI Date: 2026.01.21 Page no. 1 of 25 15:47:42 +0530 901-IA(L)-27175-2021.doc of the plaint on the ground that the suit is barred in view of Section 13 of the Maharashtra Money Lending (Regulation) Act, 2014 (‘the said Act’). The suit is filed for recovery of money against the defendant based on the dishonoured cheques issued by the defendant and promissory notes executed by the defendant. SUBMISSIONS ON BEHALF OF THE DEFENDANT: 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 granted to the defendant in 2011-2012 for