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Bombay High Court

SANTOSH SHANTILAL MUTHIYANversusMS SAFFRON DEVELOPERS PVT LTD THROUGH ITS DIRECTOR AND OTHERS

Disposal
DISPOSED OFF

Holding

The High Court disposes of the writ petitions and directs the Commercial Court to frame and decide the two specified jurisdictional and maintainability issues.

Summary

Petitioner Santosh Shantilal Muthiyan filed writ petitions (Nos. 8605, 8606, 8607 of 2024) before the Bombay High Court, Aurangabad Bench, challenging actions of Ms Saffron Developers Pvt Ltd. The petitioner sought directions on two specific questions: (i) whether the Commercial Court has jurisdiction to try the dispute, and (ii) whether the suit is maintainable in view of the terms of the memorandum of understanding. The High Court, after hearing counsel, declined to opine on the merits and instead ordered that the Commercial Court frame the aforesaid issues (and any other relevant issues) for consideration. The Court clarified that its order does not prejudice the Commercial Court’s future determination and encouraged the parties to explore settlement. Consequently, all the writ petitions were disposed of without any substantive ruling on the merits.

Issues considered

  • Whether the Commercial Court has jurisdiction to try the dispute?
  • Whether the suit is maintainable in light of the terms of the memorandum of understanding?

Subjects

  • jurisdiction
  • commercial court
  • writ petition
  • memorandum of understanding
  • maintainability
  • civil procedure
  • high court

Judgment

2026:BHC-AUG:40058


                                                     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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