Bombay HC refuses to quash Rs 24 crores suit | (*24*) Movie News
Film producer Firoz A Nadiadwala should proceed to defend a Rs 24 crores industrial declare after the Bombay High Court dismissed his plea to have the suit thrown out for need of formal service of summons.
Why the “no‑summons” argument failed
Justice Abhay Ahuja ruled that once a defendant appoints counsel and actively participates in proceedings, technical non‑service of summons can’t be used to invalidate the case. Court data show Nadiadwala had been represented by a senior advocate in earlier hearings, indicating clear data of the litigation.
The dispute in a nutshell
Financing settlement – On July 16, 2015, businessman Anil Dhanraj Jethani agreed to fund an unnamed Nadiadwala movie.
Suit filed – Jethani moved the High Court on August 19, 2015, looking for restoration of Rs 24 crores, alleging unpaid dues.
Consent order – A consent order dated September 1, 2015, allowed Jethani to withdraw Rs 12.5 crores deposited by one other defendant. The steadiness was to be paid by Nadiadwala before the release of his upcoming movie Welcome to the Jungle, initially slated for December 28, 2024, but now delayed.
Commercial Courts Act – After the Act took impact in October 2015, the matter was re‑registered as a industrial suit.
Nadiadwala’s objections
The filmmaker later utilized to have the suit dismissed, arguing that:
No writ of summons had ever been served; hence, all subsequent orders, including the 2015 consent order, have been void under the Civil Procedure Code (CPC).
No steps had been taken for more than seven years to situation recent summons.
The financing settlement lacked a signature from one celebration, casting doubt on its enforceability.
Court’s reasoning
Justice Ahuja rejected these factors, noting that the CPC permits waiver of formal service if the defendant has already appeared through counsel. The decide added that Nadiadwala’s earlier participation demonstrated awareness of the proceedings, satisfying the law’s underlying function of making certain the defendant is aware of the case against him.
The suit will proceed before the industrial court. Both events have been instructed to cooperate so the case can transfer toward trial without additional delay.
It is speculated that the continued litigation might complicate financing and distribution plans for the third installment in Nadiadwala’s common Welcome franchise. The comedy‑motion movie, introduced with a star‑studded ensemble, has yet to lock a new release date.
Also Read: REVEALED: The REAL motive why Akshay Kumar’s Cape Of Good Films and not Firoz A. Nadiadwallah sued Paresh Rawal for his sudden exit from Hera Pheri 3
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