Gujarat High Court
Chirag Vijaybhai Shah vs Niraj Rajanikant Presswala on 24 April, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/5266/2025 ORDER DATED: 24/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5266 of 2025
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CHIRAG VIJAYBHAI SHAH
Versus
NIRAJ RAJANIKANT PRESSWALA
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Appearance:
DIGPALSNGH H RATHORE(8083) for the Petitioner(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 24/04/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Heard learned advocate for the petitioner and perused the record.
2. This petition is directed against the judgment and order dated 11.02.2025 passed by the Judge, Commercial Court in rejecting his application under Order 7 Rule 11 of the Code of Civil Procedure along with the cost of Rs. 2,000/- taking note of the fact that the application under Order 7 Rule 11 was a false and frivolous application.
3. We may record that the only ground raised by the defendant/petitioner herein for rejection of the plaint under Order 7 Rule 11 CPC was that the plaintiff filed a complaint before the Consumer Forum which was later Page 1 of 3 Uploaded by BIJOY B. PILLAI(HC00202) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 03:47:35 IST 2025 NEUTRAL CITATION C/SCA/5266/2025 ORDER DATED: 24/04/2025 undefined withdrawn. It is an admitted fact of the matter that the civil suit for recovery against the defendant/petitioner herein has been filed after withdrawal of the complaint before the Consumer Forum. Moreover, the trial court records that the defendant was engaged by the plaintiff as a contractor for renovation purposes and Rs. 36 lakhs was paid to him. As per the contract, the defendant being the contractor had to purchase the goods, but the same was purchased by the plaintiff.
4. The trial court further records that qua the purchase of the goods by the plaintiff, the agreement dated 14.10.2021 came to be executed and the account was supposed to be settled within 15 days, but the defendant failed to settle the account. Hence, the plaintiff gave the accounts and thereby, whatever the outstanding amount was demanded, the defendant did not comply with the same and, therefore, the present suit has been filed.
5. As regards the grievances before consumer forum, it was with opposite party no.2, namely the agency and ultimately, in terms of the compromise, the complaint came to be withdrawn. It was also noted by the trial court that all these factual aspects of the matter has been disclosed by the plaintiff and it is not a case of suppression on the part of the plaintiff. Moreover, Order 2 Rule 2 of the Code of Civil Procedure, the implied bar in maintaining the suit does not apply in the facts and circumstances of the present case where complaint Page 2 of 3 Uploaded by BIJOY B. PILLAI(HC00202) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 03:47:35 IST 2025 NEUTRAL CITATION C/SCA/5266/2025 ORDER DATED: 24/04/2025 undefined before the consumer forum had been withdrawn prior to institution of the civil suit. The trial court has further recorded the reason why the complaint was withdrawn from the consumer forum.
6. Be that as it may, none of the clauses of Order 7 Rule 11 CPC are attracted in the facts and circumstances of the present case, inasmuch as, as per own case of the petitioner, there has been no adjudication by the consumer forum with regard to the complaint filed by the plaintiff. The suit was filed after withdrawal of the complaint. Order 2 Rule 2 of the Code of Civil Procedure, which is sought to be pressed into service to assail the order passed by the trial court cannot be said to have been attracted in the facts and circumstances of the present case. No interference is called for. The present petition is dismissed accordingly.
(SUNITA AGARWAL, CJ ) (PRANAV TRIVEDI,J) BIJOY B. PILLAI Page 3 of 3 Uploaded by BIJOY B. PILLAI(HC00202) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 03:47:35 IST 2025