Gujarat High Court
Dbs Bank Limited vs Hussain Sheth Ispat on 10 January, 2023
Bench: A.J.Desai
C/AO/124/2022 ORDER DATED: 10/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/APPEAL FROM ORDER NO.124 of 2022
With
CIVIL APPLICATION (FOR STAY) NO.1 of 2022
In
R/APPEAL FROM ORDER NO.124 of 2022
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DBS BANK LIMITED
Versus
HUSSAIN SHETH ISPAT
=========================================
Appearance :
MR R.S. SANJANWALA, SENIOR COUNSEL ASSISTED BY MR SIDDHARTH
SINHA FOR J SAGAR ASSOCIATES for the Appellant.
ANANDODAYA S MISHRA for the Respondent No.4.
MR MIHIR THAKORE, SENIOR COUNSEL ASSISTED BY MS AMRITA M
THAKORE for the Respondent Nos.1,2,3
NOTICE SERVED BY DS for the Respondent No.5
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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 appeal from order under Section
13 of the Commercial Courts, Commercial Division and Commercial
Appellate Division of High Court Act, 2015 read with Order 43,
Rule 1 (r) of the Code of Civil Procedure, the appellant - original
defendant No.3 has challenged the order dated 7.5.2022 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.
2. During the pendency of this Appeal From Order, the
original plaintiff filed a writ petition being Special Civil Application
C/AO/124/2022 ORDER DATED: 10/01/2023
No.14032 of 2022 challenging the Notifications dated 27.10.2022
and 26.10.2022 issued by the High Court of Gujarat and State
Government respectively under which a provision was made about
the Appellate jurisdiction against the judgment delivered by Senior
Civil Judge having pecuniary jurisdiction to deal with Commercial
Suit.
3. The present Appeal From Order was not heard in view
of the fact that the original plaintiff has challenged the aforestated
Notifications by way of writ petition.
4. Today, Mr. Kamal Trivedi, learned Advocate General
assisted by Mr. Vinay Bearagra, learned Assistant Government
Pleader appearing for State of Gujarat in writ petition as well as
Mr. Hemang M. Shah, learned advocate appearing for High Court
of Gujarat in the writ petition 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
C/AO/124/2022 ORDER DATED: 10/01/2023
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.
5. In view of the above notifications, the present Appeal
From Order is hereby ordered to be transferred to the Commercial
Appellate Court having jurisdiction to decide the present Appeal
under Section 3 of the Commercial Courts Act, 2015 (4 of 2016).
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,
preferably within a period of 8 weeks from the date of receipt.
(A. J. DESAI, J)
(MAUNA M. BHATT,J)
SAVARIYA
