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.

Case disposed

CNR: HCBM010192182026

Filing Number

CRA/11195/2026

Filing Date

16-Apr-2026

Registration No

CRA/266/2026

Registration Date

29-Apr-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

05-May-2026

Nature of Disposal

Contested--Disposed Off

Last updated 11-Jun-2026

Acts & Sections

C.p.c.- (Interlocutory Order) Section 115

Petitioner(s)

  1. 1.NEW ERA FABRICS LIMITED

    Adv. M P VASHI AND ASSOCIATES

Respondent(s)

  1. 1.SHAKUNTALA BHARAT JHAVERI AND ORS.

  2. 2.NIRAV BHARAT JHAVERI

  3. 3.SARAV BHARAT JHAVERI

Case History

  1. Case disposedDisposed

  2. 05-May-2026

    Hon'ble Shri Justice N. J. JamadarView PDF

    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.

  3. 05-May-2026

    Fresh Admission

    Hon'ble Shri Justice N. J. Jamadar

  4. 16-Apr-2026

    Case filed

    Registration No. CRA/266/2026

casestatus.in Summary

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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