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Bombay High Court

Ish Homes Pvt LtdversusKalpesh Kumar Parmanand Dave

Decided
Disposal
Allowed

Holding

The MCAs become infructuous when the underlying appeals are disposed of, rendering the mediation failure irrelevant.

Summary

The Court received a mediation report dated 12 February 2026 indicating that mediation between the parties had failed. Counsel for the applicant argued that MCA No. 509 of 2024 and MCA No. 520 of 2024 had become infructuous because the related appeals before the Small Causes Court were disposed of by a different bench. The Court noted that the disposal of those appeals rendered the pending MCAs moot. Accordingly, the Court held that MCA No. 509/2024 and MCA No. 520/2024 stand disposed of as infructuous. It also ordered that any interim or civil applications related to these MCAs be treated as disposed. Finally, the Court scheduled MCA No. 38/2025 for admission on 17 July 2026.

Issues considered

  • Whether the failure of mediation renders the pending MCAs infructuous
  • Whether the disposal of related appeals by another bench makes the MCAs moot

Subjects

  • mediation
  • infructuous
  • MCA
  • Small Causes Court
  • appeal disposal
  • procedural order

Judgment

Diksha Rane                                    23 MCA 509 2024.doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION
                            23 MCA/509/2024
                                  WITH
                              IA/6909/2025
                      Kalpeshkumar Parmanand Dave
                                   VS
                          M/s Ish Homes Pvt Ltd

                                WITH
                            IA/4025/2025
                                 IN
                            MCA/509/2024

                            Ish Homes Pvt Ltd
                                   VS
                     Kalpesh Kumar Parmanand Dave

                                WITH
                            MCA/520/2024
                                WITH
                            IA/6910/2025

                           Arvind Nanji Shah
                                  VS
                           Ish Homes Pvt Ltd

                                WITH
                            IA/4024/2025
                                 IN
                            MCA/520/2024

                           Ish Homes Pvt Ltd
                                  VS
                           Arvind Nanji Shah
                                WITH
                             MCA/38/2025
                      SMITA SAKHARAM AROSKAR
                                  VS
                           Ish Home Pve Ltd

                                   1
Diksha Rane                                                23 MCA 509 2024.doc




                               ------------
Adv. Tanvir Shaikh for the applicants.

Adv. Simran Rathod a/w. Adv. Syed M. Danish Ali, Adv. Siddharth
Nair i/b. Adv. Samir A. Vaidya for respondent in MCA No.509/2024.
                               ------------

                                CORAM :         RAJESH S. PATIL, J.

                                DATE    :       25 JUNE 2026.

P.C. :

1)            The Mediation Report dated 12 February 2026 has been

received, which informs that the mediation has ‘failed’.

2)            Mr. Shaikh, learned counsel appearing for the applicant,

submits that MCA No. 509 of 2024 and MCA No. 520 of 2024 have

now become infructuous. During the pendency of these MCAs, the

two appeals pending before the Appellate Bench of Small Causes

Court, which was vacant, were assigned to another Bench. The said

Bench has disposed of the appeals, and therefore, the MCAs have

now become infructuous.

3)            MCA No.509/2024 and MCA No.520/2024 stand disposed of

as infructuous.

4)            In sequel, Interim Applications/Civil Applications, if any, also

stand disposed of.



                                            2
                               Diksha Rane                                       23 MCA 509 2024.doc




                               5)            MCA No.38/2025 to come up on board on 17 July 2026, at

                               3.00 p.m. under the caption “For Admission”.

                                                                                    (Rajesh S. Patil, J.)




                                                                    3
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 25/06/2026 18:52:39


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