Gujarat High Court
M/S Sheetal Structurals Private ... vs M/S Varrsana Ispat Limited (In ... on 24 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/10032/2025 ORDER DATED: 24/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10032 of 2025
=============================================
M/S SHEETAL STRUCTURALS PRIVATE LIMITED
Versus
M/S VARRSANA ISPAT LIMITED (IN LIQUIDATION)
=============================================
Appearance:
MR.BHASH H. MANKAD FOR YUVRAJ G THAKORE(7785) for the
Petitioner(s) No. 1
=============================================
CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 24/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Heard the learned counsel for the petitioner and perused the record. The present petition invoking the extraordinary supervisory jurisdiction of this Court under Article 227 of the Constitution of India has been filed to challenge the judgment and decree dated 31.03.2023 passed by the Commercial Court, Gandhidham in Commercial Civil Suit No. 54 of 2021 (old Special Civil Suit No.48 of 2011), as affirmed vide the judgment dated 28.03.2025 passed by the Commercial Appellate Court being the Principal District Judge, Kachchh at Bhuj in Commercial Appeal No. 14 of 2023.
2. Pertinent is to note that the arguments made by the learned counsel for the petitioner about the cause of action Page 1 of 3 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:01:17 IST 2025 NEUTRAL CITATION C/SCA/10032/2025 ORDER DATED: 24/07/2025 undefined and the right of the plaintiff to seek recovery of the amount are all directed on the facts of the case. Suffice it to say that the jurisdiction of the High Court under Article 227 of the Constitution of India cannot be invoked to seek for reexamination or reappreciation of evidence as a Court of appeal.
3. There are concurrent findings of fact on the claims made by the plaintiff as also the issues raised with regard to cause of action for filing the suit pertaining to the jurisdiction of the Court at Gandhidham, Kachchh. The arguments made by the learned counsel for the petitioner that it was an admitted case of the plaintiff that the defendant / petitioner had no concern with the goods supplied and the consignee, which was the company namely R.N. Infra Communication Pvt. Ltd. had not been impleaded in the suit and, as such, the suit had wrongly been proceeded against the petitioner / defendant, have been dealt with by the two courts having jurisdiction to deal with the matter.
4. The concurrent findings of facts returned by the trial Court as well as the appellate Court within their jurisdiction on the question of cause of action as also on the merits of the claims of the parties, cannot be looked into.
5. Further, there is no reason for the Court to draw any exception to the findings returned by the two Courts namely the Court of first instance and the Court of Appeal by mere looking to the document appended at page No. '123' of the Page 2 of 3 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:01:17 IST 2025 NEUTRAL CITATION C/SCA/10032/2025 ORDER DATED: 24/07/2025 undefined paper-book, which reflects the name of the petitioner as a buyer. The dispute pertains to the delivery of goods with respect to which, one of relevant the documents is at page No. '123' of the paper-book.
6. Further, for the reasoning given by the trial Court as also the appellate Court, specifically the facts recorded in paragraph No. '14.1' of the judgment of the appellate Court on reappreciation of evidence, no material illegality can be said to have been committed while affirming the decree passed by the trial Court. No manifest error of law can be found in the decision of the two courts of competent jurisdiction. No good ground is made out for interference. The present petition stands dismissed. No order as to costs.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) SAHIL S. RANGER Page 3 of 3 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:01:17 IST 2025