Gujarat High Court
Amar Ramchand Larai vs Grace Agrifeeds Pvt Ltd on 21 February, 2023
Bench: A.J.Desai
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
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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
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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
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