Ganesh Lakhaji Chudasama vs Geekay Enterprises — Bombay HC (2025) — LawSathi Research

Ganesh Lakhaji Chudasama vs Geekay Enterprises — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Procedural directions only: service affidavit taken on record with Office to verify compliance with the order dated 6 January 2023; plaintiff not permitted to file a reply to the Order VII Rule 11 application, which is to be considered on the plaint and its supporting documents; both interim applications listed for hearing on 24 November 2025.

Issue for consideration

Whether the service affidavit tendered by the plaintiff is in compliance with the Court's earlier order dated 6 January 2023. +1 more

Court's answer

The plaintiff's affidavit of service is taken on record.

Ratio / Principle

The Office is directed to verify whether the service affidavit is in compliance with the order dated 6 January 2023.

Key takeaways

Because the application (I.A. No. 6435 of 2025) is for rejection of the plaint under Order VII Rule 11, no affidavit-in-reply is to be filed; the application must be considered on the basis of the plaint and its supporting documents.ratio¶¶34
Both interim applications (I.A. No. 1576 of 2021 and I.A. No. 6435 of 2025) are listed for hearing on 24 November 2025.ratio¶¶35

Detailed headnote1 paragraphs

Bombay High Court (Gauri Godse, J.), Commercial Suit No. 117 of 2021 — interlocutory order dated 4 November 2025. The plaintiff's affidavit of service, tendered in compliance with the Court's earlier order dated 6 January 2023 (though erroneously referring to an order dated 6 February 2023), was taken on record and the Office was directed to verify compliance. On defendant no. 7's Interim Application No. 6435 of 2025 seeking rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908, the Court held that no affidavit-in-reply is called for, the application being required to be considered solely on the plaint and its supporting documents, and declined liberty to file a reply. Both interim applications (I.A. Nos. 1576 of 2021 and 6435 of 2025) were listed for hearing on 24 November 2025. No merits were decided and no case law was cited.

36-IA-1576-2021.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO. 117 OF 2021

WITH

INTERIM APPLICATION NO. 1576 OF 2021

Geekay Enterprises … Plaintiff/Applicant

Limited

Vs.

Ganesh Builders and 28 Others

… Respondents

WITH

INTERIM APPLICATION NO. 6435 OF 2025

IN

COMMERCIAL SUIT NO. 117 OF 2021

Ganesh Lakhaji Chudasama … Applicant

In the matter between

Geekay Enterprises … Plaintiff

Limited

Vs.

Ganesh Builders and 28 Others … Respondents

Mr. Shoaib Memon a/w. Mr. Ibrahim Memon, Mr. Salman Gandhi for the Applicant/Plaintiff

Mr. Mayur Khandeparkar a/w. Mr. Vikram Garewal, Ms. Dhawani Bokaria, Mr. Priyank, Mr. Nawaz Dordi i/b. M/s. Purnanand & Co. for Defendant No. 7.

CORAM : GAURI GODSE, J.

DATE : 4^th NOVEMBER 2025

ORDER :

1. Learned counsel for the plaintiff has tendered affidavit

Digitally signed by RAJESHWARI RAJESHWARIRAMESH RAMESH PILLAI PILLAI Date: 2025.11.05 22:42:47 +0200

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36-IA-1576-2021.docx

of service in compliance with the order dated 6^th January 2023. Though the affidavit refers to order dated 6^th February 2023, learned counsel for the plaintiff submits that compliance affidavit is as per order dated 6^th January 2023. Service affidavit is taken on record.

Office shall verify the service affidavit whether it is in compliance with the order dated 6^th January 2023.

Learned counsel for defendant no. 7 submits that Interim Application No. 6435 of 2025 is filed for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908.

Learned counsel for the plaintiff seeks liberty to file an affidavit in reply to the application filed by defendant no. 7. Since the application is for rejection of the plaint under Order

VII Rule 11 there is no question of filing any reply to the application. The application has to be considered based on the plaint and its supporting documents.

List both the interim applications on 24^th November

[GAURI GODSE, J.]

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