NEW ERA FABRICS LIMITED vs SHAKUNTALA BHARAT JHAVERI AND ORS. — CRA/266/2026
Case under C.p.c.- (Interlocutory Order) Section 115. Disposed: Contested--Disposed Off on 05th May 2026.
CNR: HCBM010192182026
Filing Number
CRA/11195/2026
Filing Date
16-04-2026
Registration No
CRA/266/2026
Registration Date
29-04-2026
Judge
HON'BLE SHRI JUSTICE N. J. JAMADAR
Coram
HON'BLE SHRI JUSTICE N. J. JAMADAR
Bench Type
Single
Category
CIVIL REVISION APPLICATIONS ( 67 )
Sub-Category
Against Order of Civil Court (Except under Rent Act) ( 1 )
Judicial Branch
Civil
Decision Date
05th May 2026
Nature of Disposal
Contested--Disposed Off
Acts & Sections
Petitioner(s)
NEW ERA FABRICS LIMITED
Adv. M P VASHI AND ASSOCIATES
Respondent(s)
SHAKUNTALA BHARAT JHAVERI AND ORS.
NIRAV BHARAT JHAVERI
SARAV BHARAT JHAVERI
Hearing History
Judge: HON'BLE SHRI JUSTICE N. J. JAMADAR
FRESH ADMISSION
| Date | Purpose |
|---|---|
| 05-05-2026 | FRESH ADMISSION |
Orders
The High Court of Bombay upheld the lower court's dismissal of New Era Fabrics Limited's motion to reject the plaint on limitation grounds, holding that whether the suit is barred by limitation is a mixed question of fact and law that cannot be decided at the pleading stage. The Court clarified that the limitation issue, already framed as a substantive question, must be decided based on evidence and record without being influenced by the lower court's prima facie observation that the suit appears timely. This case analysis is maintained by casestatus.in based on publicly available court records.
The High Court of Bombay upheld the lower court's dismissal of New Era Fabrics Limited's motion to reject the plaint on limitation grounds, holding that whether the suit is barred by limitation is a mixed question of fact and law that cannot be decided at the pleading stage. The Court clarified that the limitation issue, already framed as a substantive question, must be decided based on evidence and record without being influenced by the lower court's prima facie observation that the suit appears timely. This case analysis is maintained by casestatus.in based on publicly available court records.
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