M J Shah Capital Pvt. Ltd. vs Pyramind Developers and Ors. — Bombay HC (2025) — LawSathi Research

M J Shah Capital Pvt. Ltd. vs Pyramind Developers and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both Commercial Suits (No. 73 of 2025 and No. 82 of 2025) permitted to be withdrawn and disposed of with liberty reserved to the Plaintiff to institute fresh Suits incorporating necessary pleadings or taking appropriate steps in terms of Section 12A of the Commercial Courts Act, 2015; ad-interim injunction in favour of the Plaintiff vacated; refund of Court fees as per rules; Interim Applications Nos. 2510 of 2023 and 4151 of 2025 disposed of as nothing survives therein.

Issue for consideration

Whether the two Commercial Suits may be permitted to be withdrawn on account of the absence of pleadings relating to Section 12A of the Commercial Courts Act, 2015, and with what liberties and consequential directions.

Court's answer

Leave to withdraw the Suits was granted; reserving liberty to institute fresh Suits incorporating necessary pleadings or taking appropriate steps in terms of Section 12A of the Commercial Courts Act, 2015, the Suits were permitted to be withdrawn and disposed of.

Ratio / Principle

The ad-interim injunction earlier granted in favour of the Plaintiff stands vacated, with refund of Court fees as per rules.

Key takeaways

In view of the disposal of the Suits, nothing survives in Interim Application No. 2510 of 2023 and Interim Application No. 4151 of 2025, which are disposed of accordingly.ratio¶22

Detailed headnote1 paragraphs

Withdrawal of suits — Section 12A Commercial Courts Act, 2015 — Bombay High Court (O.O.C.J.), Sandeep V. Marne, J., 15 October 2025, permitted M.J. Shah Capital Private Limited's Commercial Suit No. 73 of 2025 and Commercial Suit No. 82 of 2025 against Pyramid Developers & Ors. to be withdrawn on account of absence of pleadings relating to Section 12A of the Act, expressly reserving liberty to institute fresh Suits incorporating the necessary pleadings or taking appropriate steps in terms of Section 12A. The ad-interim injunction operating in favour of the Plaintiff was vacated and refund of Court fees allowed as per rules. Interim Application No. 2510 of 2023 (in Suit No. 73 of 2025) and Interim Application No. 4151 of 2025 (in Suit No. 82 of 2025) were disposed of as nothing survived after disposal of the Suits. No adjudication on merits; no precedent discussed.

k 1/2 25 ia 2510.23 in coms os.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

COMMERCIAL SUIT NO.73 OF 2025

M.J. Shah Capital Private Limited ....Plaintiff V/S

Pyramid Developers & Ors.

....Defendants

WITH INTERIM APPLICATION NO.2510 OF 2023 IN COMMERCIAL SUIT NO.73 OF 2025

M.J. Shah Capital Private Limited ....Applicant IN THE MATTER BETWEEN M.J. Shah Capital Private Limited ....Plaintiff V/S Pyramid Developers & Ors. ....Defendants

WITH COMMERCIAL SUIT NO.82 OF 2025

M.J. Shah Capital Private Limited ....Plaintiff V/S Pyramid Developers & Ors. ....Defendants

WITH INTERIM APPLICATION NO.4151 OF 2025 IN COMMERCIAL SUIT NO.82 OF 2025

M.J. Shah Capital Private Limited ....Applicant IN THE MATTER BETWEEN M.J. Shah Capital Private Limited ....Plaintiff V/S Pyramid Developers & Ors. ....Defendants

Mr. Mohit Khanna with Mr. Prajot H. Jaggi and Ms. Daksha A. Parmar for the Applicant/Plaintiff.

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k 2/2 25 ia 2510.23 in coms os.doc

Mr. Nishant Sasidharan with Mr. Nishant Chothani, Mr. Yash Chheda, Mr. Rohit Bamne and Ms. Aditi Sinha i/b M/s. Maniar Srivastava Associates for Defendant Nos.1 to 3.

CORAM : SANDEEP V. MARNE, J. DATE : 15 OCTOBER 2025.

P.C.:

The learned counsel appearing for the Plaintiff, on instructions, seeks leave of the Court to withdraw the Suits on account of absence of pleadings relating to provisions of Section 12A of the Commercial Courts Act, 2015 ( the Act ). He would seek liberty to institute fresh Suits by incorporating necessary pleadings or for taking appropriate steps in terms of Section 12A of the Act. Reserving the liberty as prayed for the Suits are permitted to be withdrawn and disposed of.

Ad-interim injunction granted in favour of the Plaintiff stands vacated. Refund of Court fees as per rules.

In view of the disposal of the Suits, nothing would survive in the Interim Applications and the same are also disposed of accordingly.

(SANDEEP V. MARNE, J.)

Digitally signed by SUDARSHAN SUDARSHAN RAJALINGAM RAJALINGAM KATKAM KATKAM Date: 2025.10.16 15:07:32 +0530

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