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Bombay High Court Adjudicates Writ Petition Against Order Refusing Rejection of Plaint in Commercial Suit. The petition challenges the Commercial Court's dismissal of an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, for rejection of the plaint in a commercial dispute involving foreign entities.

High Court: Bombay High Court Bench: BOMBAY
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2026-10-28 04:29:51
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Issue of Consideration

WRIT PETITION NO. 9148 OF 2023

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Case Details

2025 LawText (BOM) (04) 134

Writ Petition No. 9148 of 2023

2025-04-17

N. J. Jamadar

2025:BHC-AS:17542

Mr. Vijay Parikh, with Dharmesh S. Jain, i/b Anil T. Agarwal, for the Petitioner; Mr. Kunal Vaishnav, with Rahul Kothari & Surbhi Soni, i/b MGV & Associates, for Respondent No.1

A Schulman Inc Ltd and John Steele

Odyssey Tours And Travels, Basell Polyolefins India Private Limited, Randeep Ranadev, Nirali More

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Nature of Litigation

Civil writ petition under Article 226/227 of the Constitution of India challenging an order of the Commercial Court dismissing an application for rejection of plaint.

Remedy Sought

The Petitioners sought quashing of the order dated 4 May 2022 and dismissal of the suit/rejection of the plaint.

Filing Reason

The Petitioners' application (Exhibit 53) for dismissal of the suit or rejection of the plaint was dismissed by the Commercial Court.

Previous Decisions

The Commercial Court at Pune, by order dated 4 May 2022 in Special Commercial Civil Suit No. 211 of 2016, dismissed the Petitioners' application (Exhibit 53).

Judgment Excerpts

The Petitioners-Defendant Nos. 1 and 2 take exception to an Order dated 4th May 2022 passed by the Commercial Court at Pune in Special Commercial Civil Suit No. 211 of 2016, whereby an application preferred by the Petitioners for dismissal of the Suit/rejection of the Plaint (Exhibit '53') preferred by the Petitioners came to be dismissed.

Procedural History

The Petitioners filed an application (Exhibit 53) in Special Commercial Civil Suit No. 211 of 2016 before the Commercial Court, Pune, seeking dismissal of the suit or rejection of the plaint. By order dated 4 May 2022, the Commercial Court dismissed the application. The Petitioners then preferred the present writ petition challenging that order.

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Writ Petition Commercial Suit Rejection of Plaint Order VII Rule 11 Commercial Court

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