Yogmaya Constructions vs Rajsanket Realty Limited
2025 Latest Caselaw 1052 Bom

Bombay High Court

Yogmaya Constructions vs Rajsanket Realty Limited on 30 July, 2025

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                           912. SJ 24-23 in COMSS 10-23 @ connected matters.doc


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         ORDINARY ORIGINAL CIVIL JURISDICTION

                                       SUMMONS FOR JUDGMENT NO. 24 OF 2023
                                                      IN
                                      COMMERCIAL SUMMARY SUIT NO. 10 OF 2023

                     Yogmaya Constructions                                                ...Plaintiff
                                 V/s.
                     Rajsanket Realty Limited                                             ...Defendant

                                                       WITH
                                      COMMERCIAL SUMMARY SUIT NO. 10 OF 2023
                                                       WITH
                                      INTERIM APPLICATION (L) NO. 39773 OF 2022

                     Mr. Deepak Singh, through VC for the Plaintiff.
                     Mr. Asim Naphade with Ms. Kausar Banatwala i/b Mr. Tushar Goradia
                     for the Respondent

                                               CORAM   :         ABHAY AHUJA, J.

                                               DATE    :         30th JULY, 2025
                     P.C. :

1. On 14th July, 2025, this Court after hearing the learned Counsel

Digitally for the Plaintiff and the Defendant had orally indicated that the signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:

2025.07.30 Summons for Judgment would be allowed. While the order was being 19:34:22 +0530

dictated, this Court came across the table at page 63 of the rejoinder

dated 13th September, 2023.

2. Upon perusal of the said table, it emerges that even if the cause

of action was taken as 24th October, 2018, the period of limitation to

912. SJ 24-23 in COMSS 10-23 @ connected matters.doc

file the Suit would end on 30th May, 2022. That, therefore, the Suit

would be barred by limitation as the Suit has been filed on 19 th

December, 2022.

3. In this view of the matter, this Court has listed the Summons for

Judgment today under the caption "For Direction".

4. Mr. Singh, learned Counsel appearing for the Plaintiff through

VC seeks some time to address the Court on the issue of limitation.

5. Mr. Naphade, learned Counsel appearing for the Defendant also

seeks some time to address this Court on the issue as to whether the

Suit, assuming the cause of action arose on 24 th October, 2018, would

need to be dismissed in limine as being barred by limitation or leave to

defend be granted to the Defendant.

6. At the joint request of the learned Counsel appearing in the

matter, list the Summons for Judgment as well as the Interim

Application (L) 39773 of 2022 on 6th August, 2025 on the

supplementary board.

912. SJ 24-23 in COMSS 10-23 @ connected matters.doc

7. Let objections to the Interim Application (L) No. 39773 of 2022

be removed and registered number be obtained by the next date.

(ABHAY AHUJA, J.)