IN COMMERCIAL SUMMARY SUIT NO.3 OF 2025 HINDUSTAN CONSTRUCTION COMPANY LTD. ) v. MUMBAI METRO ONE PRIVATE LIMITED )
Case at a glance
- Order date
- 04 Aug 2025
- Bench
- ABHAY AHUJA
Provisions considered
- Code of Civil Procedure, 1908 O. VII r. 11
- Commercial Courts Act, 2015 s. 12A
Judgment
Mr.Shanay Shah a/w. Mr.Harshad Vyas i/by AVP Partners, Advocate for the Applicant/ Plaintiff. Mr.Tushad Kakalia a/w. Ms.Bhavna Singh Jaipuria, Mr.Paresh Patkar and Mr.Ayaan Zariwalla i/by Mulla and Mulla and CBC, Advocate for the Defendant in COMSS/3/2025 and for the Applicant in IA/1969/2025. CORAM DATE : : ABHAY AHUJA, J. 4th AUGUST 2025 P.C. :
When the matter is called out, Mr.Kakalia, learned Counsel, appears for the Defendant and submits that there is another Interim Application No.3145 of 2025 that has been taken out by the Defendant AVK 1/2 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (“CPC”) in as much as the provisions of Section 12A of the Commercial Courts Act, 2015 have not been complied with. Mr.Kakalia also submits that although the Interim Application is not on board, reply has been filed and some time be granted to file rejoinder to the same.
Let rejoinder be filed within a period of two weeks with copy to the other side.
List on 10th September 2025 along with Interim Application No.3145 of 2025.
Registry to accept rejoinder in the Summons for Judgment. (ABHAY AHUJA, J.) AVK 2/2
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. VII r. 11; Commercial Courts Act, 2015 — s. 12A.
Which court decided this case, and when?
Bombay High Court, on 04 Aug 2025. The bench was ABHAY AHUJA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.