Iifl Finance Ltd. vs Paramvir Developers Pvt. Ltd. — Bombay HC (2025) — LawSathi Research

Iifl Finance Ltd. vs Paramvir Developers Pvt. Ltd. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive determination. The defendants' Order VII Rule 11 CPC rejection-of-plaint applications were adjourned and are to be listed for hearing on 1st December 2025. Directions issued: plaintiff's advocate to remove office objections and register the suit within two weeks; on registration the office to issue writ of summons returnable after six weeks; plaintiff to take all steps per the rules for service since defendant nos. 1-3 did not waive service.

Issue for consideration

Whether the plaint in Commercial Suit(L) No. 14803 of 2025 should be rejected under Order VII Rule 11 CPC, as sought by the defendants' interim applications (with Vensco Developers LLP as applicant in IA(L) No. 22521 of 2025 and IIFL Finance Ltd as applicant in IA No. 4596 of 2025 and IA(L) No. 22220 of 2025).

Court's answer

The Order VII Rule 11 CPC applications filed by the defendants were not decided on this date (counsel for defendant no.1 having sought time); they shall be listed for hearing on 1st December 2025.

Ratio / Principle

Since the suit is still unregistered (on the lodging number), learned advocate for the plaintiff is directed to take steps within two weeks for removing office objections and getting the suit registered.

Key takeaways

After the suit is registered, the office is directed to issue a writ of summons returnable after six weeks; defendants nos. 1, 2 and 3, although appearing through advocates, have no instructions to waive service, so the plaintiff must take all necessary steps per the rules for service of the writ of summons.ratio¶¶23
Despite appearance through advocates, defendant nos. 1, 2 and 3 do not have instructions to waive service of the writ of summons; consequently service must be effected per the rules.ratio¶¶24

Detailed headnote1 paragraphs

Bombay High Court, OOCJ (Gauri Godse, J.), order dated 10 November 2025 in Commercial Suit(L) No. 14803 of 2025 (Paramvir Developers Pvt Ltd v. IIFL Finance Ltd and ors.). Four interim applications were on board: IA(L) No. 22521 of 2025 (Vensco Developers LLP as applicant), Interim Application No. 4596 of 2025 and IA(L) No. 22220 of 2025 (IIFL Finance Ltd as applicant) under Order VII Rule 11 CPC for rejection of plaint, along with the plaintiff's pending IA(L) No. 14810 of 2025 for interim relief. The suit is still unregistered, being on the lodging number. Counsel for defendant no.1 sought time, so the rejection-of-plaint applications were not argued; they are listed for hearing on 1st December 2025. Directions: plaintiff to remove office objections and register the suit within two weeks; upon registration, writ of summons to issue returnable after six weeks; defendant nos. 1-3, though represented, gave no instructions to waive service. No precedent was cited and no merits question was decided.

Digitally signed VARSHA by VARSHA VIJAY VIJAY RAJGURUDate: RAJGURU 2025.11.1211:41:51 +0530

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varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION(L) NO. 22521 OF 2025 IN

COMMERCIAL SUIT(L) NO. 14803 OF 2025 Vensco Developers LLP … Applicant IN THE MATTER BETWEEN Paramvir Developers Pvt Ltd … Plaintiff vs. IIFL Finance Ltd … Respondent WITH INTERIM APPLICATION(L) NO. 14810 OF 2025 IN COMMERCIAL SUIT(L) NO. 14803 OF 2025 Paramvir Developers Pvt Ltd … Applicant/Plaintiff vs. IIFL Finance Ltd … Respondent

WITH INTERIM APPLICATION NO. 4596 OF 2025 WITH INTERIM APPLICATION (L) NO. 22220 OF 2025 IN COMMERCIAL SUIT(L) NO. 14803 OF 2025 IIFL Finance Ltd … Applicant IN THE MATTER BETWEEN Paramvir Developers Pvt Ltd … Plaintiff vs.

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IIFL Finance Ltd … Respondent

Mr. Karl Tamboly a/w. Neuty Thakkar, Mr. Reehan Ajmerwalla and Mr. Rajesh Shah i/b. Mr. Tushar Goradia for Plaintiffs.

Mr. Yash Momaye a/w. Mr. Parag Kabadi, Ms. Vidhi Prowal, Ms. Anshita Sethi i/b. DSK Legal for Defendant No.1.

Ms. Simantini Mohite a/w. Mr. Munaf Virjee Rushab Parekh, Ms. Tirtha Mukherjee and Mr. Pranav Shetty i/b. AMR Law for Defendant No.2.

Ms. Fatima Lokhandwala i/b. Ms. Prakruti Joshi, Senior Counsel, Mr. Rohan Cama and Mr. Pheroze Mehta for Defendant No.3.

CORAM : GAURI GODSE, J. DATED : 10^th NOVEMBER 2025

ORDER:

INTERIM APPLICATION(L) NO. 14810 OF 2025, INTERIM APPLICATION(L) NO. 22521 OF 2025, INTERIM APPLICATION NO. 4596 OF 2025 AND INTERIM APPLICATION(L) NO. 22220 OF 2025

All these applications are under Order VII Rule 11 of the Civil Procedure Code, 1908, for rejection of plaint. Learned counsel for defendant no.1 seeks time.

Interim Application (L) No. 14810 of 2025, for interim relief filed by the plaintiff, is also pending. The suit is still on the lodging

number. Learned advocate for the plaintiff shall take steps within two weeks for removing office objections and getting the suit

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registered.

After the suit is registered, the office is directed to issue writ of summons returnable after six weeks.

Though defendant nos. 1, 2 and 3 are appearing through advocates, unfortunately, they do not have instruction to waive the service of the writ of summons.

Learned advocate for the plaintiff shall take all the necessary steps as per the rules for service of writ of summons.

Interim applications filed by defendants shall be listed for hearing on 1^st December 2025.

(GAURI GODSE, J.)

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