Bombay High Court
Ish Homes Pvt LtdversusKalpesh Kumar Parmanand Dave
- Decided
- Disposal
- Allowed
- Bench
- RAJESH S PATIL
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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