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VIKRAM NATH, SANDEEP MEHTA
MITC Rolling Mills Private Limited – Appellant
Versus
Renuka Realtors – Respondent
| Table of Content |
|---|
| 1. appellants' suit filed and plaint rejected. (Para 3 , 5 , 6 , 7) |
| 2. arguments on decree applicability in plaint rejection. (Para 9 , 10) |
| 3. court's analysis on appealability of plaint rejection. (Para 12 , 13 , 14 , 15 , 17 , 18 , 19 , 20) |
| 4. legal framework for maintainability confirmed. (Para 16 , 21) |
| 5. final order allowing the appeal. (Para 22 , 23) |
JUDGMENT
1. Heard.
3. The instant appeal is directed against the final judgment and order dated 17th February, 2025, passed by the High Court of Judicature at Bombay [Hereinafter, referred to as the “High Court”.] in Commercial First Appeal No. 8 of 2023, arising out of Commercial Suit No. 06 of 2021, whereby the High Court disposed of the appeal preferred by MITC Rolling Mills Pvt. Ltd. [Hereinafter, referred to as the “appellant-company”.], through its authorized officer Shri Dinkar Trimbak Kajale, as a non-suit simpliciter, holding the same to be non-maintainable under Section 13(1A) of the COMMERCIAL COURTS ACT , 2015 [For short, ‘CCA, 2015’].
5. The appellant-company instituted Commercial Suit No. 06 of 2021 before the Court of District Judge, Nashik [Hereinafter, referred to as the “trial Court”.] seeking recovery o
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