Gujarat High Court
M/S Hussain Sheth Ispat (Ship ... vs The High Court Of Gujarat on 10 January, 2023
Bench: A.J.Desai
C/SCA/14032/2022 ORDER DATED: 10/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.14032 of 2022
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M/S HUSSAIN SHETH ISPAT (SHIP BREAKING)
Versus
THE HIGH COURT OF GUJARAT
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Appearance :
MR MIHIR THAKORE, SENIOR COUNSEL ASSISTED BY MS AMRITA M
THAKORE for the Petitioners.
MR SHALIN MEHTA, SENIOR COUNSEL ASSISTED BY MR HEMANG M SHAH
for the Respondent No.1.
SHRI KAMAL TRIVEDI, ADVOCATE GENERAL assisted by MR VINAY
BEARAGRA, ASSISTANT GOVERNMENT PLEADER for the Respondent No.5.
NOTICE SERVED for the Respondent Nos.2,3,4
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 10/01/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A. J. DESAI)
1. By way of the present petition under Articles 14 and
226 of the Constitution of India, the petitioner has prayed for the
following reliefs :-
"A. This Hon'ble Court be pleased to issue an
appropriate writ, order or direction holding and declaring
that the Notification No.A/1221/2020 dated 27.10.2020
issued by the Hon'ble High Court of Gujarat at Annexure
A hereto, to the extent that it seeks to confer jurisdiction
on the Commercial Appellate Division of the Hon'ble High
Court of Gujarat to deal with appeals against judgment or
order passed a Senior Civil Judge where the amount or
value of the subject matter of the original suit or
C/SCA/14032/2022 ORDER DATED: 10/01/2023
proceedings is more than fifty lakh rupees, is wholly
without jurisdiction and authority of law, contrary to and
violative of the provisions of the Commercial Courts Act,
2015, falls outside the scope and purview and power of
this Hon'ble Court to issue such notification, arbitrary,
unreasonable, irrational, unconstitutional and illegal.
B. This Hon'ble Court be pleased to issue a writ of or in
the nature of certiorari or any other appropriate writ,
order or direction quashing and setting aside the
Notification No.A/1221/2020 dated 27.10.2020 issued by
the Hon'ble High Court of Gujarat at Annexure A hereto,
to the extent that it seeks to confer jurisdiction on the
Commercial Appellate Division of the Hon'ble High Court
of Gujarat to deal with appeals against judgment or order
passed a Senior Civil Judge where the amount or value of
the subject matter of the original suit or proceedings is
more than fifty lakh rupees.
B-1. This Hon'ble Court be pleased to issue an
appropriate writ, order or direction holding and declaring
that the Notification dated 26.10.2020 issued by the
State of Gujarat at Annexure A-1 hereto, to the extent
that it seeks to impose a pecuniary limit on the
jurisdiction on the Commercial Appellate Courts to
entertain, hear and decide appeals against judgment or
order passed by a Senior Civil Judge designated as
Commercial Court, is wholly without jurisdiction and
authority of law, contrary to ultra vires and violative of
the provisions of the Commercial Courts Act, 2015, falls
C/SCA/14032/2022 ORDER DATED: 10/01/2023
outside the scope and purview and power of the State of
Gujarat to issue such notification, arbitrary,
unreasonable, irrational, unconstitutional and illegal.
B-2 This Hon'ble Court be pleased to issue a writ of
or in the nature of certiorari or any other appropriate
writ, order or direction quashing and setting aside the
Notification dated 26.10.2020 issued by the State of
Gujarat at Annexure A-1 hereto, to the extent that it
seeks to impose a pecuniary limit on the jurisdiction on
the Commercial Appellate Courts to entertain, hear and
decide appeals against judgment or order passed by a
Senior Civil Judge designated as Commercial Court.
C. Pending the admission, hearing and final disposal of
the present petition, this Hon'ble Court be pleased to
stay and suspend the operation and implementation of
the Notification No.A/1221/2020 dated 27.10.2020 issued
by the Hon'ble High Court of Gujarat at Annexure A
hereto, to the extent that it seeks to confer jurisdiction on
the Commercial Appellate Division of the Hon'ble High
Court of Gujarat to deal with appeals against judgment or
order passed a Senior Civil Judge where the amount or
value of the subject matter of the original suit or
proceedings is more than fifty lakh rupees.
C-1 Pending the admission, hearing and final
disposal of the present petition, this Hon'ble Court be
pleased to stay and suspend the operation and
implementation of the Notification dated 26.10.2020
C/SCA/14032/2022 ORDER DATED: 10/01/2023
issued by the State of Gujarat at Annexure A-1 hereto,
to the extent that it seeks to impose a pecuniary limit on
the jurisdiction on the Commercial Appellate Courts to
entertain, hear and decide appeals against judgment or
order passed by a Senior Civil Judge designated as
Commercial Court."
2. The matter was heard at length. Today, Mr. Kamal
Trivedi, learned Advocate General assisted by Mr. Vinay Bearagra,
learned Assistant Government Pleader appearing for respondent
No.5 - State of Gujarat as well as Mr. Shalin Mehta, learned Senior
Counsel assisted by Mr. Hemang M. Shah, learned advocate
appearing for respondent No.1 - High Court of Gujarat have placed
on record two notifications both dated 3.1.2023. The same are
taken on record.
By the Notification dated 3.1.2023 issued by Under
Secretary to Government of Legal Department, the earlier
Notification dated 26.10.2020 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.
By the second Notification dated 3.1.2023 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
C/SCA/14032/2022 ORDER DATED: 10/01/2023
2016), namely, (i) Judge of City Civil Court, Ahmedabad; (ii)
Additional District Judge; and Commercial Division of High Court.
3. In view of the above notifications, Mr. Mihir Thakore,
learned Senior Counsel assisted by Ms. Amrita M. Thakore, learned
advocate appearing for the petitioner does not press this petition.
Accordingly, the present petition stands disposed of as having
become infructuous. Notice is discharged.
(A. J. DESAI, J)
(MAUNA M. BHATT,J)
SAVARIYA
