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Bombay HC Refuses To Scrap ₹115.65-Crore Mithi River Project Suit Over Procedural Error

Mumbai: The Bombay High Court has refused to dismiss a Rs 115.65-crore suit arising out of a 2007 Mithi River widening project, holding that filing the case in the name of a joint venture was a procedural defect that could be corrected. Justice Sandeep Marne rejected an application seeking dismissal of the suit, observing that an error in naming the plaintiff cannot automatically result in…

Bombay HC Refuses To Scrap ₹115.65-Crore Mithi River Project Suit Over Procedural Error

Mumbai's Bombay High Court has rejected an application to dismiss a Rs 115.65-crore suit filed over the 2007 Mithi River widening project, ruling that a procedural error in naming the joint venture as the plaintiff could be rectified. Justice Sandeep Marne dismissed the argument that the joint venture, a BPL-BBC joint effort, was not a legally recognized entity capable of filing the suit.

The contractor had contested that the suit should have been filed by the individual companies, BPL and BBC. The court, however, noted that the plaintiffs had been correctly identified in the original complaint and affirmed that the procedural mistake could be corrected pursuant to the Code of Civil Procedure's provisions on correcting errors relating to parties.

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