Bombay High Court
SANTOSH SHANTILAL MUTHIYANversusMS SAFFRON DEVELOPERS PVT LTD THROUGH ITS DIRECTOR AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The High Court did not decide the merits but ordered the Commercial Court to frame the jurisdiction and maintainability issues and disposed the writ petitions.
Summary
Petitioner Santosh Shantilal Muthiyan filed writ petitions (Nos. 8605, 8606, 8607 of 2024) against Ms Saffron Developers Pvt Ltd and its directors. The petitioner sought a declaration on the jurisdiction of the Commercial Court and the maintainability of the suit under the terms of a memorandum of understanding. The High Court, after hearing counsel, declined to opine on the merits and instead directed the Commercial Court judge to frame the two proposed issues, while keeping all other contentions open. The Court emphasized that its order would not prejudice the Commercial Court’s later determination and suggested the parties consider settlement. Consequently, all writ petitions were disposed of without a substantive decision on the merits.
Issues considered
- Whether the Commercial Court has jurisdiction to try the dispute?
- Whether the suit would be maintainable in the light of the terms of the subject matter – memorandum of understanding?
Subjects
- jurisdiction
- commercial court
- memorandum of understanding
- writ petition
- civil procedure
Judgment
2026:BHC-AUG:40059
1
21-wp-8606-2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 8606 OF 2024
Santosh Shantilal Muthiyan
VERSUS
Ms Saffron Developers Pvt Ltd Through Its Director And
Others
...
Mr. M. R. Sonawane, Advocate for the Petitioner
Mr. Aditya Sikchi, Mr. Rajat Malu, Mr. Shreyas Patani,
Advocates for Respondent no.1
...
WITH
WRIT PETITION NO. 8605 OF 2024
Santosh Shantilal Muthiyan
VERSUS
Ms Saffron Developers Pvt Ltd Through Its Director And
Others
WITH
WRIT PETITION NO. 8607 OF 2024
Santosh Shantilal Muthiyan
VERSUS
Ms Saffron Developers Pvt Ltd Through Its Director And
Others
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 31ST AUGUST, 2026
P.C. :-
. At the outset, both the learned Advocates for the
respective parties submit that these petitions be disposed of
with a direction to the learned Judge of the Commercial Court
to frame the following two issues in addition to other issues, if
any. The proposed issues are as follows:
2
21-wp-8606-2024
(i) Whether the commercial Court has jurisdiction
to try the dispute?
(ii) Whether the suit would be maintainable in
the light of the terms of the subject matter –
memorandum of understanding?
2. The Writ Petitions stand disposed of with a request to
the learned Judge of the Commercial Court to frame aforesaid
issues in addition to other issues, if any. It is clarified that this
Court has not commented on the merits of the case, and all
contentions of the respective parties are kept open for
consideration by the Commercial Court.
3. Needless to observe, the impugned order shall not come
in way of the learned Judge of the Commercial Court while
deciding the aforesaid two issues which are proposed today. It
is also clarified that the parties may explore the possibility of
an amicable settlement, if they agree so.
4. In view of the above, All Writ Petitions stand disposed
of.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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