Bombay HC refuses to quash Rs 24 crores suit against filmmaker Firoz A Nadiadwala: Reports : Bollywood News

Film Producer Firoz a nadiadwala must continue to defend a 24 years commercial claim after the bombay high course dismissed his plea to have the suit thrown out for for formal Service of Summons.

Bombay hc refuses to quash Rs 24 crus suit against filmmaker firoz a nadiadwala: reports

Why the “no‑summons” argument failed

Justice Abhay Ahuja Ruled That Once a Defendant Appoints CONSEL and ACTITIVELY PARTICIPATES In Proceedings, Technical Non‑Service of SumMons cannot be used to invalidate the case. Court records show nadiadwala had been represented by a Senior Advocate in Earlier Hearings, Indicating Clear Knowledge of the Litigation.

The dispute in a nutshell

• Financing Agreement – on July 16, 2015, businessman anil dhanraj jethani agreed to fund an unnamed nadiadwala film.
• Suit filed – Jethani Moved The High Court on August 19, 2015, seeking recover of Rs 24 brus, alleging unpaid dues.
• Consent order – A Consent Order Dated September 1, 2015, Allowed Jethani to withdraw Rs 12.5 Crores Deposited by another Defendant. The balance was to be paid by nadiadwala before the release of his upcoming film Welcome to the jungleOriginally slaged for December 28, 2024, but now delayed.
• Commercial Courts Act – After the act took effect in October 2015, the matter was reaugisted as a commercial suit.

Nadiadwala’s objections

The filmmaker laater applied to have the suit dismissed, arguing that:

1. No writ of summons Had Ever been served; hence, all subsequent orders, including the 2015 Consent Order, WRE VOID Under the Civil Procedure Code (CPC).
2. No steps Had been taken for more than seven years to issue fresh summons.
3. The Financing Agreement Lacked A Signature from one party, casting doublet on its enforceability.

Court’s reasoning

Justice ahuja rejected these points, noting that the cpc permits waiver of formal service if the defendant has alredy appeared The Judge Added that Nadiadwala’s Earlier Participation Demonstrated Awareness of the Proceedings, Satisfying the Law’s underlying purpose of ensuring the defendant knows the case against Him.

The suit will proceed before the commercial court. Both parties have been told to cooperate so the case can move toward trial without further delay.

It is spent that ongoing Litigation could complicate finance and distribution plans for the third installment in nadiadwala’s popular Welcome Franchise. The comedy‑action film, Announced with a Star‑STUDDED ENSEMBLE, have yet to lock a new release date.

Also read: Reveled: The real reason 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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