Shankeshwar Properties Private Limited vs Sabari Developers LLP — Bombay HC (2025) — LawSathi Research

Shankeshwar Properties Private Limited vs Sabari Developers LLP — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No.1381 of 2025 disposed of as withdrawn; Plaintiffs permitted to unconditionally withdraw the Suit; liberty to the Applicants to initiate appropriate proceedings against the concerned parties if and when the cause of action arises, if permissible in law; refund of court fees, if any, as per applicable rules.

Issue for consideration

Whether the Applicant in Interim Application No.1381 of 2025 had locus standi to preempt the Plaintiff from withdrawing the suit. +1 more

Court's answer

The Court took the view that the Counsel for the Applicant in IA/1381/2025 had no locus to preempt the Plaintiff from withdrawing the suit; the point was not formally adjudicated, as the Applicant thereafter withdrew the Interim Application.

Ratio / Principle

For consuming the valuable time of the Court, the learned counsel for the Applicant volunteered to pay costs of Rs.1 lakh to the Armed Forces (Armed Forces Battle Casualties Welfare Fund).

Key takeaways

The costs of Rs.1 lakh shall be paid within a period of one week from the date of uploading of the order on the website of the Bombay High Court.ratio¶¶25
Leave granted to the Plaintiffs to unconditionally withdraw the Suit, the Defendants raising no objection.ratio¶¶30
Liberty granted to the Applicants to initiate appropriate proceedings against the concerned parties, if and when the cause of action arises against them, in view of the withdrawal, if permissible in law.

Detailed headnote1 paragraphs

Bombay High Court (Kamal Khata, J.), Commercial Suit No.10 of 2017 with Interim Applications Nos.1381 of 2025 and 4648 of 2022 (order dated 23 September 2025): The Court informed the Applicant in IA/1381/2025 that he had no locus to preempt the Plaintiff from withdrawing the suit; after deliberation and on being informed of the result, the Applicant's counsel sought leave to withdraw the Interim Application and volunteered costs of Rs.1 lakh to the Armed Forces Battle Casualties Welfare Fund, payable within one week of upload of the order. The Interim Application stood disposed of as withdrawn. Leave was granted to the Plaintiffs (Title Developers LLP, erstwhile Sabari Developers LLP) to unconditionally withdraw the Suit against Ariisto Shelters Pvt. Ltd. & Ors., the Defendants raising no objection, and the Suit stood disposed of as withdrawn. Liberty was granted to the Applicants to initiate appropriate proceedings against the concerned parties if and when the cause of action arises, if permissible in law, and the Registry was directed to refund court fees, if any, as per applicable rules.

2-OCOMS-10-2017.DOC

apn

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

COMMERCIAL SUIT NO.10 OF 2017

Title Developers LLP Erstwhile known as Sabari Developers LLP ...Plaintiff

v/s.

Ariisto Shelters Pvt. Ltd. & Ors. ...Defendants

WITH

INTERIM APPLICATION NO.1381 OF 2025

WITH

INTERIM APPLICATION NO.4648 OF 2022

Mr. Aditya Udeshi, a/w Mr. Rahul Sanghvi, i/by M/s. Sanjay Udeshi & Co. for the Applicant in IA/1381/2025.

Mr. Karl Tamboly, a/w Adv. Deepa Pohuja and Adv. Asfiya Cutehi, i/by J. Law Associates for the Plaintiff.

Mr. Hrushi Narvekar, a/w Mr. Samit Shah, Mr. Siddharth Shah, Mr. Mustafa Nulwala and Ms. Shriya Nalawade, i/by Trilegal for Defendant No.1.

CORAM : Kamal Khata, J. DATED : 23rd September 2025.

Digitally signed by ASHWINI ASHWINI H H GAJAKOSH GAJAKOSH Date: 2025.09.24 11:24:08 +0530

P.C.:-

At the outset, the Counsel for the Applicant was informed that he had no locus to preempt the Plaintiff from withdrawing the suit. Despite that he chose to argue for half

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2-OCOMS-10-2017.DOC

an hour without placing any law before this Court supporting his contention.

After deliberation with the Court and on being informed about the result, the Learned Counsel for the Applicant (in Interim Application No.1381 of 2025), upon instructions, seeks leave to withdraw the Interim Application.

For having consumed the valuable time of this Court, he volunteers to pay costs of Rs.1 lakh to the Armed Forces. The account details are as under:

Account Name :	Armed Forces Battle
	Casualties Welfare Fund
Bank Name with address :	Canara Bank, South Block,
	Defense, Head-Quarter,
	New Delhi – 11011.
Bank Account Number :	90552010165915
IFSC Code :	CNRB0019055
Type of Account :	Saving Account

The costs shall be paid within a period of one week from the date of uploading of the present order on the website of Bombay High Court.

Accordingly, the Interim Application stands disposed of as withdrawn.

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2-OCOMS-10-2017.DOC

In view of the disposal of the Interim Application,

learned Counsel for the Plaintiffs, on instructions, seeks leave to unconditionally withdraw the Suit. The Defendants raise no objection to the same.

The Suit stands disposed as withdrawn.

Learned counsel for the Applicants, at this stage, seeks

liberty to initiate appropriate proceedings against the concerned parties, if and when the cause of action arises against them, in view of this withdrawal, if permissible in law. Liberty granted.

The Registry shall refund of court fees, if any, as per applicable rules.

All concerned to act on an authenticated copy of this order.

(Kamal Khata, J.)

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