Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010038182020
IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY
NOTICE OF MOTION NO.1292 OF 2020
IN
S.C.SUIT NO.150 OF 2022
M/s. Kena Hotels and Motels Pvt Ltd
Having office at 505, Yogeshwar, Kazi Sayyed
street, Masjid Bunder West, Mumbai - 03. …. Plaintiff
Versus
M/s. Aditya Enterprises
Gala No. X-1, Panchal Ind. Estate, Goddev
Pathak Road, Bhayander East, Thane 401105. …. Defendants
Appearance :-
Adv. Prajot Jaggir a/w Poonam Rajbhar for Plaintiff.
Adv. Nitin Jagtap a/w Devang Mhatre for Defendant.
CORAM : SHRI S.K.FOKMARE
AD-HOC JUDGE, (C.R.NO.64)
DATE : 11/09/2026
O R D E R
(DICTATED IN OPEN COURT)
1. The present Notice of motion is taken out by defendant for
rejection of plaint as per Order VII Rule 11 of the Code of Civil
Procedure (hereinafter referred as ‘CPC’).
2. Perused notice of motion and affidavit in reply given on
behalf of the plaintiff. Heard Ld. Counsel for both sides. I have given my
thoughtful consideration to the submissions advanced by Ld. Counsels
for both sides.
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3. On the basis of pleading and documentary material placed
on record following points are arise for my determination to which I
have recorded my findings of the reasons to follow:-
Sr. No. Points Findings
1. Whether the plaint discloses the
cause of action ?
In the affirmative.
2. Whether the plaint appears from the
statement to be barred by the law ?
In the negative.
3. What order? As per final order.
Reasons
As to points No. 1 to 3: -
4. While deciding the point under Order VII Rule 11 of CPC
only averments in the plaint have to be read as a whole. While
deciding the point under Order VII Rule 11 of CPC court cannot travel
beyond statements in the plaint, court have to decide questions
pertaining to rejection of plaint only within corners of the plaint.
Court cannot step out a plaint and certainly cannot enter into the
merits of the case and same is not permissible under law.
5. The Ld. Advocate for the defendant during the argument
has relied upon the following authorities,
i) Cotton Corporation of India Limited Vs. United Industrial Bank
Limited and others, (1983)4 SCC 625.
ii) Dahiben Vs. Arvindbhai Kalyanji Bhanusali (Gajra) Dead through
Legal Representatives and others, (2020)7 SCC 366.
iii) Mati Venkata Lakshmi w/o Naga Malleswara Rao Vs. Pushadapu
Sambasiva Rao S/o. Venkateswarlu (in Civil Revision Petition
No.1954/2025 decided on 20/07/2026 by the Hon’ble High
Court of Andhra Pradesh at Amaravati).
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6. I have thoroughly gone through the guidelines given in the
cited authorities relied on by the defendant. Considering the
guidelines given in cited authority no.1 to 3, if we perused the recitals
of plaint Exh.1, the suit claim instituted by plaintiff is for declaration
and permanent injunction. The plaintiff has claimed the declaration
that the contents of one letter dtd.07/02/2020 addressed by plaintiff
to defendant are binding on the parties. The plaintiff has prayed for
granting permanent injunction, thereby restraining the defendant
from acting contrary to the terms of letter dtd.07/02/2020.
7. As per plaint Exh.1, plaintiff and defendant were engaged
in business relations. As per plaint some disputes regarding their
business terms are seems to be arose between plaintiff and defendant.
According to the plaintiff, one letter dtd.07/02/2020 was addressed
by plaintiff to defendant. It is averred that defendant is bound to
abide the terms of letter dtd.07/02/2020. However, defendant is
trying to give the criminal colour to the commercial transactions. It is
alleged that the cause of action has been accrued to the plaintiff
when the defendant has approached the police against plaintiff.
8. According to defendant, plaintiff has no cause of action for
institution of suit claim. Further according to defendant, no cause of
action has been accrued for institution of suit claim. This suit claim
does not disclose any cause of action. However, as discussed above,
according to the plaintiff the letter dtd.07/02/2020 gives him the
cause of action for institution of the suit against defendant. As per
plaint Exh.1 the cause of action has been accrued on 10/06/2020
when plaintiff received the letter from police in respect of the
complaint lodged by defendant.
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9. Here, plaintiff is not seeking any injunction against
defendant for restraining him for approaching before the criminal
court or the police. The plaintiff is simply seeking declaration in
respect of one letter dtd.07/02/2020. Plaintiff is claiming injunction
by relying on the said letter dtd.07/02/2020. Thus, itself from the
plaint Exh.1 it can be gathered that the plaint discloses the cause of
action. The cause of action seems to be accrued to the plaintiff for
institution of suit claim against defendant. Moreover, there is nothing
with defendant to show that the suit claim is barred by law.
10. It has been argued on behalf of defendant that the plaintiff
has no case on merit. However, whether plaintiff has any case on
merit or not, cannot be decided at this stage. Moreover, this cannot be
the ground for deciding the application under O.VII R.11 of C.P.C. The
authorities relied on by the defendant are not seems to be helpful for
supporting the contentions made by it. Thus, I find no merit in notice
of motion. Accordingly I answer points no.1 in the affirmative, point
no.2 in the negative and answer the point no.4, I pass the following
order:-
ORDER
1. Notice of Motion No.1292/2020 stands rejected.
2. Costs in cause.
3. Notice of Motion stands disposed off accordingly.
Date : 11/09/2026
Place : Mumbai.
(S. K. FOKMARE),
AD-HOC Judge,
City Civil & Sessions Court,
Greater Mumbai.
Directly dictated on PC : 11/09/2026
Checked & Signed on : 11/09/2026
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Typist
Mr. Kishor P. Sherwade	11/09/2026 05:47 p.m.
Name of the Judge (With C.R. No.) HHJ S.K.FOKMARE (C.R.No. 64)
Date of Pronouncement of JUDGMENT /
ORDER
11/09/2026
JUDGMENT / ORDER signed by P.O. on 11/09/2026
JUDGMENT / ORDER uploaded on 11/09/2026
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