Chetan R. Shah v. M/S. Ashwatha Developers and Ors.

Bombay HC24 Feb 2026WP/1616/2026

Case brief

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What is this about?

Chetan R Shah v. M/s Ashwatha Developers and Ors; WRIT PETITION NO. 1616 OF 2026; High Court of Judicature at Bombay; N. J. Jamadar, J.; leave to defend; summary suit; deposit of entire principal amount; triable issue; City Civil Court; settle issues; decide expeditiously; six months from settlement of issues; Defendants filed Written Statement; Petition disposed.

What did the court decide?

Petition disposed with directions to the learned Judge, City Civil Court to hear the parties, settle the issues and decide the summary suit as expeditiously as possible, preferably within six months from the date of settlement of the issues ¶¶24

Chetan R. Shah vs M/S. Ashwatha Developers and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶24

Issue for consideration

Whether this Court should entertain the Petition in the backdrop of the City Civil Court's conditional grant of leave to defend (deposit of the entire principal amount), recording a prima facie view that a triable issue has been raised +1 more

¶¶16

Court's answer

This Court declined to entertain the Petition, satisfied that the City Civil Court's conditional grant of leave to defend recorded a prima facie view that a triable issue has been raised

¶¶16

Ratio / Principle

Having regard to the nature of the suit claim and the amount involved, the Court considered that the summary suit can be decided expeditiously

¶¶18

Key takeaways

The learned Judge, City Civil Court was requested to hear the parties, settle the issues and decide the summary suit as expeditiously as possible, preferably within six months from the date of settlement of the issuesratio¶¶23

Detailed headnote1 paragraphs

Bombay High Court (N. J. Jamadar, J.), Writ Petition No. 1616 of 2026 — Chetan R Shah v. M/s Ashwatha Developers and Ors (decided 21 April 2026): In the backdrop of the order of the learned Judge, City Civil Court granting leave to defend a summary suit subject to the deposit of the entire principal amount, recording a prima facie view that a triable issue has been raised, this Court declined to entertain the Petition and disposed of it. Having regard to the nature of the suit claim and the amount involved, the Court requested the City Civil Court Judge to hear the parties, settle the issues and decide the summary suit as expeditiously as possible, preferably within six months from the date of settlement of the issues. Respondents' counsel submitted that the deposit condition had been complied with and the Written Statement filed.

Chetan R. Shah v. M/S. Ashwatha Developers and Ors.

Case brief

What is this about?

What did the court decide?

Chetan R. Shah v. M/S. Ashwatha Developers and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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