Managing Director Or Director Of Gupta ... vs Akhilesh Manglik And Co

Gujarat High Court

Managing Director Or Director Of Gupta ... vs Akhilesh Manglik And Co on 7 December, 2023

Author: Umesh A. Trivedi

Bench: Umesh A. Trivedi, Samir J. Dave

                                                                                 NEUTRAL CITATION




     C/FA/1575/2023                               ORDER DATED: 07/12/2023

                                                                                  undefined




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/FIRST APPEAL NO. 1575 of 2023
                           With
     CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
                             In
            R/FIRST APPEAL NO. 1575 of 2023
======================================
 MANAGING DIRECTOR OR DIRECTOR OF GUPTA GLOBAL EXIM
                         PVT LTD
                          Versus
                AKHILESH MANGLIK AND CO
======================================
Appearance:
MOHIT A GUPTA(8967) for the Appellant(s) No. 1,2,3
MR RUTUL P DESAI(6498) for the Defendant(s) No. 1
======================================

 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
       and
       HONOURABLE MR. JUSTICE SAMIR J. DAVE

                        Date : 07/12/2023

                  ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

1. Learned advocates for the appearing parties submitted that in view of the notification dated 03.01.2023 issued by the Under Secretary in its Legal Department, earlier notification dated 26.10.2020 came to be amended and the brackets and words mentioned in the Schedule, Column No.3 of the said notification "(where the amount or value of the subject matter of the original suit or proceedings is less than Fifty Lakh Rupees)" was ordered to be deleted.

2. By the second notification dated 03.01.2023 issued Page 1 of 3 Downloaded on : Mon Dec 11 20:37:49 IST 2023 NEUTRAL CITATION C/FA/1575/2023 ORDER DATED: 07/12/2023 undefined by the Registrar General of this Court, the Hon'ble Chief Justice is pleased to constitute Commercial Appellate Division in the High Court of Gujarat, Ahmedabad to deal with the appeal against the judgment or order passed by the Commercial Courts constituted under Sub-Section (1) of Section 3 of the Commercial Courts Act, 2015 (4 of 2016), namely (i) Judge of City Civil Court, Ahmedabad; (ii) Additional District Judge; and Commercial Division of High Court.

3. Both these notifications were considered by the coordinate Bench of this Court in Appeal from Oder No.124 of 2022 where that Appeal was filed challenging the order passed by the Principal Senior Civil Judge and Judge Commercial Court at Bhavnagar below interim injunction application Exh.5 in Commercial Civil Suit No.10 of 2021 and transferred the said Appeal to the concerned Commercial Court.

4. In the present case, the appellants have challenged the order passed by the Principal Senior Civil Judge, (Commercial Court), Gandhidham-Kachchh dated 13.05.2022 in Commercial Civil Suit No.17 of 2019, though against a final decree but Appeal would still lie before the Commercial Appellate Court as referred to in the aforesaid two notifications.

5. In view thereof, as submitted by the learned advocates for the appearing parties, it is required to be transferred to the Commercial Appellate Court having jurisdiction to decide the present Appeal under Section 3 of the Commercial Courts Act, 2015.

NEUTRAL CITATION C/FA/1575/2023 ORDER DATED: 07/12/2023 undefined

6. Accordingly, Registry is hereby directed to transfer the present Appeal to the concerned Commercial Appellate Court within a period of 10 days from today. Upon receipt of the Appeal from this Court, the concerned Commercial Appellate Court shall decide the Appeal as early as possible in accordance with law.

(UMESH A. TRIVEDI, J.) (SAMIR J. DAVE, J.) siji Page 3 of 3 Downloaded on : Mon Dec 11 20:37:49 IST 2023