Gawde Constructions Pvt Ltd vs Matoshree Engineers And ...
2022 Latest Caselaw 10427 Bom

           Digitally signed by
SWAROOP    SWAROOP
SHARAD     SHARAD PHADKE
           Date: 2022.10.11
PHADKE     18:27:25 +0530
                                                                            15 ial 15758 of 2022.doc

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      ORDINARY ORIGINAL CIVIL JURISDICTION
                           IN ITS COMMERCIAL DIVISION
                         SUMMARY SUIT (L) NO.15756 OF 2022
                                      WITH
                      INTERIM APPLICATION (L) NO.15758 OF 2022

Gawde Constructions Pvt. Ltd.                                    ...      Plaintiff
     Versus
Matoshree Engineers and Developers                               ...    Defendant

Mr. Rahul Soman, for Plaintiff.


                                 CORAM:     N.J.JAMADAR, J.

                                 DATE:      10th OCTOBER, 2022

P.C.:

1. Heard the learned Counsel for the Plaintiff.

2. The Suit was instituted post the Division Bench judgment in the case of

Deepak Raheja V/s. Ganga TaroVazirani1.

3. The learned Counsel for the Plaintiff submits that after the institution of

the Suit, the Plaintiff had resorted to pre-institution mediation, wherein non-starter

report has been submitted. The learned Counsel submits that the non-starter report

may be considered in this Suit. In the alternative, the Plaintiff be permitted to

withdraw the Suit, with liberty to institute a fresh Suit on the same cause of action on

the basis of non-starter report.

4. In my view, I would be expedient to allow the Plaintiff to withdraw the

1 2021(6) BCR 115

SSP 1/2 15 ial 15758 of 2022.doc

Suit with liberty to institute a suit on the same cause of action, treating the non-starter

report as compliance with Section 12A of the Commercial Courts Act, 2015.

5. Hence, leave granted with liberty as prayed for.

6. The Suit stands disposed as withdrawn with liberty to file a fresh suit on

the same cause of action and on the basis of non-starter report dated 4 th October,

2022.

7. The period spent in prosecuting this Suit may be counted for the

purpose of exclusion of limitation under Section 14 of the Limitation Act, 1963.

8. The Plaintiff is entitled to refund of court fees, if any, as per rules.

9. Interim Application also stands disposed.

                                                          ( N.J.JAMADAR, J. )




SSP                                                                                      2/2