Agarwal and Associates Builder and Developers and Another v. Dindoshi Sai-Sadan Co-Operative Housing Society Limited
Case brief
What is this about?
Bombay High Court, COMAO No.26/2025 and No.27/2025 (R.I. Chagla & Advait M. Sethna, JJ., 07-01-2026): cross commercial appeals from order in Commercial Suit No.349 of 2024 disposed of by consent; City Civil Court, Mazgaon order dated 28-07-2025 set aside; Notice of Motion No.255 of 2025 and Notice of Motion No.256 of 2025 (discharge under Order XXXIX Rule 4 CPC) restored to file to be heard afresh; merits not examined; parties' rights and contentions kept open. Advocates: Anoshak Davar with Dhaval Sethia (i/b Shailesh Rai) and Ashish Deep Verma with Aditya Parmar.
What did the court decide?
Order dated 28th July, 2025 of the City Civil Court, Mazgaon set aside by consent; Notice of Motion No.255 of 2025 and Notice of Motion No.256 of 2025 in Commercial Suit No.349 of 2024 restored to the file of the City Civil Court at Mazgaon, Mumbai to be heard afresh on their own merits; rights and contentions of the parties expressly kept open; interim applications in the appeals disposed of as not surviving.