Bombay High Court
Ajmera Realty and Infra India LimitedversusNikhil Dharamdas Shah
- Decided
- Disposal
- DISPOSED OFF
- Bench
- ADVAIT M SETHNA
Holding
The Court ordered the correction of the 14 May 2026 order as per the applicant’s request.
Summary
The plaintiff Ajmera Realty and Infra India Ltd filed a commercial suit against Nikhil Dharamdas Shah and others. During proceedings, an order dated 14 May 2026 contained erroneous references to the parties, incorrectly naming the plaintiff as "Original Defendant No.1" and including extraneous words. The plaintiff applied for a correction of the order to accurately reflect the parties as Defendant No.1 and to delete the superfluous terms. The Court examined the application and agreed that the language needed amendment to avoid confusion, especially concerning a pending suit No.317 of 2025 referenced in the consent terms. Consequently, the Court ordered that the specified deletions and substitutions be made and that the corrected order be made available to the parties.
Issues considered
- Whether the order dated 14 May 2026 requires correction of party designations and removal of extraneous wording.
Subjects
- order correction
- civil procedure
- party designation
- consent terms
- commercial suit
Judgment
P1-COMM. SUIT-49-2025 OS.doc
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.05.15
19:25:16
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUIT NO.49 OF 2025
Ajmera Realty and Infra India Limited ...Plaintiff
Versus
Nikhil Dharamdas Shah & Ors. ...Respondents
__________
Adv. Archit Rao for the Plaintiff.
Mr. Dhavall Gandhy i/b. Tushar Goradia, for the Defendant No.1.
Adv. Fatena Kothari for Defendant No.2.
Ms. Aarushi Yadav i/b. R.S. Justicia Law Chambers for Defendant No.3.
__________
CORAM : ADVAIT M. SETHNA, J.
DATE : 15 MAY 2026
(VACATION COURT)
P.C.:
1. Mentioned. Not on board. Taken on board.
2. The Appellant has moved an application/praecipe for speaking to
the minutes of the order dated 14 May 2026.
3. In paragraph 1 line 2 of the said order, delete the words, “the
Plaintiff (Original Defendant No.1)” which may be substituted by
“Defendant No.1” to be read accordingly.
4. In paragraph 6 line 3, delete the words, “the Original” before the
word, “Defendant No.1” and the word, “the Plaintiff”. The said line
would now read as
“Learned counsel for the parties invite the attention of this
Court to paragraph 6 of the Consent Terms which refers to a
pending suit No.317 of 2025, filed against Defendant No.1
Pallavi Page 1 of 2
P1-COMM. SUIT-49-2025 OS.doc
which is pending in this Court.”
5. Let the order dated 14 May 2026 be corrected and be made
available to the parties.
6. All concerned to act on an authenticated copy of this order.
[ADVAIT M. SETHNA, J.]
Pallavi Page 2 of 2
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