Avinash Khater v. Ashwin Khater
Case brief
What is this about?
Renumbering of Commercial Summary Suit as ordinary Summary Suit; commercial vs non-commercial subject-matter; nomenclature versus jurisdiction; return of plaint under Order VII Rule 10 CPC; suo motu power to return plaint without application; Bombay High Court Commercial Division; Abhay Ahuja J.; adjourned part heard to 1 October 2025; Ashwin Khater v. Avinash Khater; cases cited: Sudershan Prasad Bagaria v. Harshvardhan Khemka; J. P. Realities v. Mahesh Kingrani; Chanda Kochhar v. ICICI Bank; Bharat Huddanna Shetty v. Ahuja Properties; Chorus Call INC v. Gurmeetpal Singh Bindra; Aj Organics (2025 SCC Online Bom 640).
What did the court decide?
No final relief; the matter was adjourned to 1st October 2025 as Part heard so that Mr.Jumani (who leads counsel for Defendant no.1) could address the Court on the issues of nomenclature v/s. jurisdiction.