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Film producer Firoz A Nadiadwala must continue to defend a Rs 24 crores commercial claim after the Bombay High Court dismissed his plea to have the suit thrown out for want of formal service of summons.
Bombay HC refuses to quash Rs 24 crores suit against filmmaker Firoz A Nadiadwala: Reports
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 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 recovery 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 another defendant. The balance was to be paid by Nadiadwala before the release of his upcoming film Welcome to the Jungle, originally slated for December 28, 2024, but now delayed.Commercial Courts Act - After the Act took effect in October 2015, the matter was re‑registered as a commercial suit.Nadiadwala’s objections
The filmmaker later applied to have the suit dismissed, arguing that:
No writ of summons had ever been served; hence, all subsequent orders, including the 2015 consent order, were void under the Civil Procedure Code (CPC).No steps had been taken for more than seven years to issue fresh summons.The financing agreement lacked a signature from one party, casting doubt on its enforceability.Court’s reasoning
Justice Ahuja rejected these points, noting that the CPC permits waiver of formal service if the defendant has already appeared through counsel. 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 speculated that the ongoing litigation could complicate financing and distribution plans for the third installment in Nadiadwala’s popular Welcome franchise. The comedy‑action film, announced with a star‑studded ensemble, has yet to lock a new release date.
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