IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1686 OF 2025 IN COMMERCIAL SUMMARY SUIT NO.90 OF 2021 PIYUSH GANGJI CHHEDA )...APPLICANT/ORG.DEFENDANT IN THE MATTER BETWEEN :

PARAS BHARAT CHHEDA )...PLAINTIFF V/s.

PIYUSH GANGJI CHHEDA )...DEFENDANT WITH INTERIM APPLICATION NO.1368 OF 2025 IN COMMERCIAL SUMMARY SUIT NO.88 OF 2021 WITH INTERIM APPLICATION NO.1715 OF 2025 IN SUMMARY SUIT NO.4 OF 2021 WITH INTERIM APPLICATION NO.1716 OF 2025 IN COMMERCIAL SUMMARY SUIT NO.81 OF 2021 Mr.Dinesh Dubey a/w Mr.Pranay Chaugule, Advocate for the Applicant in IA/1368/2025, 1686/2025, 1715/2025, 1716/2025.

Mr.Amrut Joshi a/w Mr.Maulik K. Tanna Advocate for the Original Plaintiff/Respondent in IA/1368/2025, 1686/2025, 1715/2025, 1716/2025.

CORAM : ABHAY AHUJA, J.

DATE : 30^th APRIL, 2025 ORAL ORDER :

1. These four Interim Applications seek setting aside of four ex-

parte judgments and orders in favour of the Respondent.

2. Mr.Dinesh Dubey, learned Counsel for the Applicants has submitted that the four applications are based on similar facts and grounds and that he has therefore adverted to facts only in Interim Application No.1686 of 2025 which seeks setting aside of the ex-parte Judgment and Order dated 31^st July, 2023 in favour of the Respondent whereby the Applicant was directed to pay a sum of Rs.4,81,02,500/- along with interest at the rate of 12% per annum on the principal sum of Rs.3,55,00,000/- from 1^st April, 2018 to 28^th February, 2021 and further simple interest at the same rate till actual payment and realization.

3. Mr.Dinesh Dubey, learned Counsel appearing for the Applicant has submitted that the Respondent is the original Plaintiff in the Commercial Summary Suits and the Applicant is the Original Defendant.

4. Mr.Pandit, learned Counsel for the Respondent / original Plaintiff has also addressed this Court in all these Interim Applications with reference to facts in Interim Application No.1686 of 2025 submitting that the relevant facts and issues for the purposes of all these applications are identical. Therefore, this Court for the sake of convenience would refer to facts in the said Interim Application.

5. Today the matters have been listed for Mr.Dubey to conclude his arguments and for Mr.Pandit to rejoind. Both the learned Counsel have concluded their arguments.

6. The main plank of the Applicant’s case is that at no point of time, papers and proceedings and so also the writ of summons had been served upon the Applicant and therefore the Applicant could not enter his appearance in the matters. It is submitted that therefore this Court has erroneously proceeded in the matters and passed ex-parte Judgments and Order dated 31^st July, 2023 in favour of the Respondent. It is submitted that after the Applicant got to know of the impugned orders, the Applicant has filed for certified copy of the entire papers and proceedings as well as copies of the impugned orders on

20^th September, 2023, which were received by the Applicant on 5^th October, 2023.

7. Mr.Dubey, learned Counsel has submitted that the service address mentioned in the cause title of the plaint is the same address used by Prince Industries now known as Prince MFG Industries Pvt. Ltd and Prince SWR Industries Pvt. Ltd and carries on business from the said address which is their registered office. That one M/s. Midas Impex Pvt. Ltd by invoking Section 9 of the Insolvency & Bankruptcy Code, 2016 filed Company Petition against the Prince SWR System Pvt. Ltd (the “said Company”/the “Corporate Debtor”) and initiated the Corporate Insolvency Resolution Process (“CIRP”). The National Company Law Tribunal (“NCLT”), Mumbai after hearing the parties passed an order dated 16^th April, 2021, whereby CIRP was initiated against the said Company wherein the Applicant was holding the post of Director.

8. Mr.Dubey, learned Counsel has further submitted that Affidavit of Service dated 28^th October, 2021 that has been filed by the clerk of the Sherif