Bombay High Court
Anchor Point Developer Private Limited vs Transcon Developers Pvt Ltd on 25 August, 2025
Author: R.I. Chagla
Bench: R.I. Chagla
P1-IAL-22563-25.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 22563 OF 2025
IN
COMMERCIAL SUIT (L) NO. 21024 OF 2025
Anchor Point Developers Private Limited & ...Applicants /
Anr. Plaintiffs
Versus
Transcon Developers Pvt. Ltd. & Ors. ...Defendants
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Mr Ankit Lohia a/w Mr Varun Nathani, Mr Yash Momaya, Ms Nupur
Desai and Mr Ishaan Choudhary i/b IC Legal for Plaintiffs in
COMS(L)/21024/2025.
Mr Viraj Parikh a/w Mr Harsh Sheth i/b MDP Legal for Defendant
Nos. 1 and 5 in COMS(L)/21024/2025.
Mr Yash Chheda i/b Maniar Srivastava Associates for Defendant No 2
in COMSL/21024/2025.
Mr Akash P Shah a/w Ms Dhanvanti Kharva for Defendant No 4 in
COMS(L)/21024/2025.
Ms Priya Dangat i/b Satyaki Law Associates for Defendant No 6 in
COMS(L)/21024/2025.
Mr Ritesh Jain for Defendant No 10 in COMS(L)/21024/2025.
Mr Karl Tamboly (through VC) a/w Mr Harsh Sheth i/b MDP Legal
for Plaintiffs in S/126/2025.
SHARAYU
PANDURANG
KHOT Mr Yash Momaya i/b Mr Ritesh K Jain for Defendant No 1 in
S/126/2025.
Digitally
signed by
SHARAYU
PANDURANG
KHOT
Mr Krishkumar A Jain a/w Mr Kalpesh Bandre i/b Mr Ritesh Jain for
Date:
2025.08.25
18:51:29
+0530
Defendant No 2 in S/126/2025.
Mr Ankit Lohia a/w Mr Krishkumar A Jain and Mr Kalpesh A Bandre
i/b Mr. Ritesh Jain for Defendant No 3 in S/126/2025.
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P1-IAL-22563-25.doc
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CORAM : R.I. CHAGLA J
DATE : 25 August 2025
ORDER :
1. Matter is mentioned. Not on board. Taken on board.
2. The arguments in the Interim Application for rejection of Plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 for non exhaustion of mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 have substantially progressed.
3. The Commercial Suit is being heard along with Suit No. 126 of 2025.
4. In view of change in assignment, Suit No. 126 of 2025 has been assigned to another Bench.
5. The parties in Suit No. 126 of 2025 have sought for this Bench to treat the matter as Part Heard and shall make an 2/3 ::: Uploaded on - 25/08/2025 ::: Downloaded on - 25/08/2025 21:25:30 ::: P1-IAL-22563-25.doc appropriate Application before the Hon'ble the Chief Justice for assigning this Suit before the present Bench, who is hearing the Commercial Suit (L) No. 21024 of 2025, in which the above Interim Application has been taken out.
6. In the event, the Hon'ble the Chief Justice passes an administrative order, allowing the Application, this Bench has no objection to hearing the Interim Application filed in Suit No. 126 of 2025 along with the Interim Application (L) No. 22563 of 2025 filed in the above Commercial Suit.
7. Liberty to the parties to the above Commercial Suit to apply.
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