C/FA/2637/2022 ORDER DATED: 21/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2637 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/FIRST APPEAL NO. 2637 of 2022
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AMAR RAMCHAND LARAI
Versus
GRACE AGRIFEEDS PVT LTD
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Appearance:
MR D C SEJPAL(1322) for the Appellant(s) No. 1,2
MR RC SEJPAL(2636) for the Appellant(s) No. 1,2
MR DIPAK R DAVE(1232) for the Defendant(s) No. 1
MR PUSHPADATTA VYAS(1296) for the Defendant(s) No. 4
RULE SERVED for the Defendant(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 21/02/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
1. By way of the present appeal under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act, 2015, the appellant - original plaintiff has challenged the judgment and decree dated 15.06.2022 passed by the Principal Senior Civil Judge, Commercial Court, Sanand in Commercial Civil Suit No.8 of 2022.
2. Heard learned advocate Mr. D.C. Sejpal appearing for the Page 1 of 3To Downloaded on : Wed Feb 22 20:46:32 IST 2023 C/FA/2637/2022 ORDER DATED: 21/02/2023 appellants, learned advocate Mr. Dipak R. Dave appearing for the defendant No.1 and learned advocate Mr. Pushpadatta Vyas appearing for the defendant No.4. They have placed on record two notifications dated 03.01.2023.
3. By the Notification dated 03.01.2023 issued by Under Secretary to Government of Legal Department, the earlier Notification dated 26th October, 2020 was amended and the brackets and the words mentioned in Schedule in 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.
3.1 By the second Notification dated 03.01.2023 issued 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
4. In view of the above notifications, the present Appeal along with the connected civil application is hereby transferred to Page 2 of 3To Downloaded on : Wed Feb 22 20:46:32 IST 2023 C/FA/2637/2022 ORDER DATED: 21/02/2023 Commercial Appellate Court having jurisdiction to decide the present Appeal under Section 3 of the Commercial Courts Act, 2015 (4 of 2016).
5. Accordingly, Registry is hereby directed to transfer the present appeal along with the connected civil application 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, preferably within a period of 8 weeks from the date of receipt.
6. R & P to be sent back to concerned trial court forthwith.
(A.J.DESAI, J) (NISHA M. THAKORE,J) SUYASH SRIVASTAVA Page 3 of 3To Downloaded on : Wed Feb 22 20:46:32 IST 2023