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
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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
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MANAGING DIRECTOR OR DIRECTOR OF GUPTA GLOBAL EXIM
PVT LTD
Versus
AKHILESH MANGLIK AND CO
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Appearance:
MOHIT A GUPTA(8967) for the Appellant(s) No. 1,2,3
MR RUTUL P DESAI(6498) for the Defendant(s) No. 1
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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
NEUTRAL CITATION
C/FA/1575/2023 ORDER DATED: 07/12/2023
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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
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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
