Bombay High Court lets ₹115.65-crore Mithi River contract suit proceed

A ₹115.65-crore dispute tied to Mithi River work between Mahim Causeway and Dharavi Bridge will continue after the Bombay High Court declined to reject the suit over the name of its plaintiff.

The contract for widening and deepening that stretch of the river was awarded in March 2007 to a joint venture formed by Backbone Projects Ltd and Backbone Construction Pvt Ltd. After disputes during the project’s execution, the joint venture filed a commercial suit in 2017 seeking recovery of more than ₹115 crore, along with interest.

An application seeking dismissal argued that the joint venture was not an independent legal entity and could not sue in its own name. The contractor said the filing was a bona fide error because the contract itself had been executed in the joint venture’s name, and asked to add the two companies as plaintiffs.

Justice Sandeep Marne accepted that request in principle, saying the Code of Civil Procedure allows courts to correct errors involving parties. The court noted that both companies were identified in the original plaint as members of the joint venture and declined to reject the case.