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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
Mehta, J.
1. Heard.
2. Leave granted.
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’].
4. The facts relevant and essential for the adjudication of the present appeal are mentioned hereinbelow.
5. The appellant-company instituted Commercial
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