Disposed¶8

Meena Tewari v. Sagar Arts Pvt. Ltd.

Bombay HC8 Oct 2025IA/5121/2025

Case brief

AI extract

What is this about?

Order VII Rule 11 CPC; rejection of plaint; maintainability of suit; arbitration clause versus civil suit for simpliciter recovery; Agreement dated 6th April 2010; Statement of admission and denial; withdrawal of interim applications; Commercial Summary Suit; Bombay High Court Commercial Division; Sagar Arts Pvt Ltd v Pragya Vision Pvt Ltd; 2025; Abhay Ahuja J.

What did the court decide?

Interim Applications No. 5880 of 2025 and No. 5885 of 2025 stand disposed as withdrawn; Statement of admission and denial to be filed and served within one week; reply to Interim Application No. 5121 of 2025 (under Order VII Rule 11 CPC) to be filed within two weeks with rejoinder two weeks thereafter; matter listed on 4th December 2025. ¶8

Meena Tewari vs Sagar Arts Pvt. Ltd. — Bombay HC (2025) — LawSathi Research

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24-COMSS-127-2015.doc

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

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COMMERCIAL SUMMARY SUIT NO. 127 OF 2015

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M/S. SAGAR ARTS PVT. LTD. )...PLAINTIFF

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V/s.

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M/S. PRAGYA VISION PVT. LTD. AND OTHERS )...DEFENDANTS WITH INTERIM APPLICATION NO. 5121 OF 2025 IN COMMERCIAL SUMMARY SUIT NO. 127 OF 2015 WITH INTERIM APPLICATION NO. 5885 OF 2025 IN COMMERCIAL SUMMARY SUIT NO. 127 OF 2015

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WITH INTERIM APPLICATION NO. 5880 OF 2025 IN COMMERCIAL SUMMARY SUIT NO. 127 OF 2015

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Mr.Ajit Kocharekar, Advocate for the Plaintiff.

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Mr.Manoj Mishra, Advocate for the Defendants no.2 and 3.

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P.C. :

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ARTI VILAS KHATATE

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Digitally signed by ARTI VILAS KHATATE Date: 2025.10.08 18:18:43 +0530

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Mr.Manoj Mishra, learned Counsel, appears for the Defendants no.2 and 3 and submits that although costs as directed by this Court have been paid, however, no Statement of admission and denial has

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24-COMSS-127-2015.doc

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been filed, as the Suit is not maintainable and the plaint ought to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 (“CPC”). Mr.Mishra submits that, therefore, this Interim Application under Order VII Rule 11 of the CPC has been taken out in view of paragraph 21 of the Agreement dated 6^th April 2010, based on which the Suit had been filed.

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When it is brought to the notice of the learned Counsel that the order to file Statement of admission and denial ought to have been complied with, learned Counsel seeks one week’s time to file Statement of admission and denial.

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Let the Statement of admission and denial positively be filed and served within a period of one week.

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As regards Interim Application No.5121 of 2025, Mr.Ajit Kocharekar, learned Counsel appearing for the Plaintiff submits that in the case of simplicitor recovery, even if there is an arbitration clause in the agreement, a civil Suit can be filed and seeks to file a reply in the matter.

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24-COMSS-127-2015.doc

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Let the reply be filed within a period of two weeks with a copy to the other side. Rejoinder in two weeks thereafter, with a copy to the other side.

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List on 4^th December 2025 .

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In view of the aforesaid orders, Mr.Mishra appearing for the Defendants no.2 and 3 and for the Applicants in Interim Applications No.5880 of 2025 and No.5885 of 2025, seeks to withdraw the said Interim Applications.

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The Interim Applications No.5880 of 2025 and No.5885 of 2025 accordingly stand disposed as withdrawn.

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(ABHAY AHUJA, J.)

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Meena Tewari v. Sagar Arts Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Meena Tewari v. Sagar Arts Pvt. Ltd.

Case brief

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