AMBROSIA RESTAURANTS PVT LTD vs SUNITA DILEEP NEVATIA AND ANR

CNR No : HCBM010199792025 AO-695-2024.docx Ambrosia vs. Sunita IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 1. The present Appeal is directed against the order dated 31 st August 2024 (the “Impugned Order”) passed by the City Civil Court at Mumbai, whereby the application preferred by the original Defendants / Respondents came to be --------------------------------------------- Order dated 14th July 2026 AO-695-2024.docx Ambrosia vs. Sunita allowed and the plaint was directed to be returned under Order VII Rule 10 of the Code of Civil Procedure, 1908, (the “Code”) for presentation before the court of competent jurisdiction, namely, the Court of Small Causes at Mumbai. The Impugned Order relied upon Section 41 of the Presidency Small Causes Courts Act, 1882, (the “said Act”) and held that the said court had exclusive jurisdiction to entertain and try the dispute forming the subject matter of the instant Suit. 2. The Respondents / original Defendants have also filed Cross Objections contending that the Trial Court, having held that the instant Suit was barred by jurisdiction, ought to have rejected the plaint under Order VII Rule 11(d) of the Code, instead o