Bombay High Court
SANTOSH SHANTILAL MUTHIYANversusMS SAFFRON DEVELOPERS PVT LTD THROUGH ITS DIRECTOR AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The High Court disposed of the writ petitions without adjudicating the merits, directing the Commercial Court to frame and decide the issues of its jurisdiction and the suit's maintainability under the MOU.
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 relief concerning a dispute arising out of a memorandum of understanding. The High Court was asked to determine whether the Commercial Court has jurisdiction to try the dispute and whether the suit is maintainable under the terms of the MOU. The Court declined to opine on the merits, directing the Commercial Court to frame and consider the two proposed issues, and left the parties free to seek an amicable settlement. Consequently, all writ petitions were disposed of without any substantive order on the merits.
Issues considered
- Whether the Commercial Court has jurisdiction to try the dispute?
- Whether the suit would be maintainable in light of the terms of the memorandum of understanding?
Subjects
- jurisdiction
- commercial court
- memorandum of understanding
- writ petition
- civil procedure
Judgment
2026:BHC-AUG:40060
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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