Sarah Taiyeb Fidvi and Anr. vs Surendra Lakhumal Hiranandani — Bombay HC (2025) — LawSathi Research

Sarah Taiyeb Fidvi and Anr. vs Surendra Lakhumal Hiranandani — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition disposed of. The impugned order dated 11th November, 2025 in R.A.E. Suit No. 761 of 2021 is confirmed subject to modification: the 45-day period for the Court Commissioner to complete the remaining cross-examination of PW-1 is extended till 28th January 2026, and the report-submission deadline is extended till 31st January, 2026; the challenge to the order dated 26th November, 2025 below exhibit '111' was not pressed.

Issue for consideration

Whether the time limits fixed in the impugned order dated 11th November, 2025 passed in R.A.E. Suit No. 761 of 2021 for the Court Commissioner to complete the remaining cross-examination of PW-1 and to submit his report ought to be extended, and whether the said order should otherwise be confirmed or interfered with. +1 more

Court's answer

By consent of the parties, the time limit of 45 days fixed by the learned Judge of the Small Causes Court for the Court Commissioner to conclude the remaining cross-examination of PW-1 is extended till 28th January 2026, and the time limit for submission of his report (printed as 6th January, 2025) is extended till 31st January, 2026.

Ratio / Principle

The impugned order passed in R.A.E. Suit No. 761 of 2021 is confirmed, subject to the above modification of time limits.

Key takeaways

The petitioners, on instructions, did not press the challenge to the order dated 26th November, 2025 passed in RAE Suit No.761 of 2025, conditional upon modification of the order dated 11th November, 2025; the Writ Petition was disposed of on that basis.ratio¶11

Detailed headnote1 paragraphs

Bombay High Court (Madhav J. Jamdar, J.) disposed of Writ Petition No. 16361 of 2025 filed by Sarah Taiyeb Fidvi & Anr. against Surendra Lakhumal Hiranandani. The petition challenged (i) the order dated 26th November, 2025 passed below exhibit '111' in RAE Suit No. 761 of 2025, and (ii) the order dated 11th November, 2025 passed in R.A.E. Suit No. 761 of 2021 by the Small Causes Court, which directed Court Commissioner Advocate Mr. Gaurav Dave to conclude the remaining cross-examination of PW-1 within 45 days and submit his report by 6th January, 2025, with audit (audio) recordings of each sitting. On instructions, counsel for the petitioners did not press the challenge to the 26th November, 2025 order. By consent, the 45-day time limit was extended till 28th January 2026 and the report deadline was extended till 31st January, 2026. Subject to this modification, the impugned order was confirmed and the Writ Petition was disposed of.

K.R. Gadekar 909-WP-16361-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 16361 OF 2025

Sarah Taiyeb Fidvi & Anr. …Petitioners

Versus

Surendra Lakhumal Hiranandani …Respondent

Mr. Pralhad Paranjpe, Ms. Shubra Swami, a/w. Ms. Fatema Kachwalla, Mr. Dishay Chitalia i/by J. Sagar Associates, for the Petitioners 1 and 2. Mr. Shardul Singh a/w. Ms. Prerna Gandhi, Mr.. Anish Shahapurkar and Ms. Priya Gandhi, for Respondent

CORAM: MADHAV J. JAMDAR, J. DATED: 11 DECEMBER 2025

P.C.:

Heard, Mr. Paranjpe, learned Counsel appearing for the Petitioner and Mr. Shardul Singh, learned Counsel appearing for the Respondents.

At the outset, Mr. Paranjpe, learned Counsel appearing for the Petitioner, on the instructions of the Petitioners, states that although in this Writ Petition the challenge is also to the order dated 26^th November, 2025 passed below exhibit ‘111’ in RAE Suit No. 761 of 2025, he has instructions not to press the challenge to said order dated 26^th November, 2025 passed in RAE Suit No.761 of 2025, if order dated 11^th November, 2025 is modified to certain extent.

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K.R. Gadekar 909-WP-16361-2025.doc

The operative part of the impugned order dated 11^th November, 2025 reads as under :

“1. The Court Commissioner Advocate Mr. Gaurav Dave shall hold proceedings at least thrice a week and each sitting shall not be of less than two hours’ duration. The Court Commissioner shall conclude the recording fo the remaining cross-examination of PW-1 within forty-five (45) days and shall submit his report to this Court on or before 6^th January, 2025, without fail.

The Court Commissioner shall make audit recordings of the cross-examination proceedings for each sitting and shall submit a consolidated soft copy of the said audio recordings in a sealed envelope along with his report. The defendants shall bear the expenses, if any, incurred for such audio recording.

The order dated 14^th October, 2025 passed below Exhibit 01, shall stand modified to the extent of the directions contained herein and shall be read accordingly.

Issue fresh writ forthwith to the Court Commissioner.”

(Emphasis added)

By consent of parties, the time limit specified in Clause No.1 of operative part by the learned Judge of the Small Causes Court as 45 days is extended till 28^th January 2026 and time limit of 6^th January, 2025 is extended till 31^st January, 2026.

It is clarified that the impugned order dated 4^th November 2025

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K.R. Gadekar 909-WP-16361-2025.doc

passed in R.A.E. Suit No. 761 of 2021 is confirmed , subject to above modification.

Accordingly, Writ Petition is disposed of.

[MADHAV J. JAMDAR, J.]

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