Manglesh Champaklal Gandhi vs Dipak Brijmohan Sindhi Prop. Of ...
2023 Latest Caselaw 330 Guj

      C/FA/567/2022                            ORDER DATED: 11/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/FIRST APPEAL NO. 567 of 2022
                               With
     CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 2 of 2022
                                 In
                   R/FIRST APPEAL NO. 567 of 2022
                               With
                 R/CROSS OBJECTION NO. 217 of 2022
                                 In
                    FIRST APPEAL NO. 567 of 2022
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                 MANGLESH CHAMPAKLAL GANDHI
                            Versus
      DIPAK BRIJMOHAN SINDHI PROP. OF SINDHI TEXTILES HUF
================================================================
Appearance:
DEVANGI B SOLANKI(8888) for the Appellant(s) No. 1
MS. KRUTI M SHAH(2428) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                           Date : 11/01/2023

                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

1. By way of present appeal under Section 13 of the Commercial Act, 2015, the appellant - original respondent has challenged the judgment and order dated 01.10.2021 passed by 2 nd Additional Senior Civil Judge, Surat in Commercial Civil Suit No. 134 of 2019, by which, the said suit has been partly allowed.

2. The respondent - original plaintiff has filed Cross Objection in this matter.

C/FA/567/2022 ORDER DATED: 11/01/2023

3. Learned advocates appearing for the respective parties have placed on record two notifications both dated 3.1.2023. The same are taken on record.

4. 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.

5. 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 2016), namely, (i) Judge of City Civil Court, Ahmedabad; (ii) Additional District Judge; and Commercial Division of High Court.

6. In view of the above notifications, present appeal along with connected civil application and cross objections is hereby ordered to be transferred to the Commercial Appellate Court having jurisdiction to decide present appeal under Section 3 of the Commercial Courts Act, 2015 (4 of 2016).

C/FA/567/2022 ORDER DATED: 11/01/2023

7. Accordingly, Registry is hereby directed to transfer Record and Proceedings in this matter and also present appeal along with connected application and cross objections to the concerned Commercial Appellate Court forthwith. Upon receipt of present appeal along with connected civil application and cross objections from this Court, the concerned Commercial Appellate Court shall decide the appeal along with connected civil application and cross objections as early as possible, in accordance with law, after giving an opportunity of hearing to all concerned.

8. It is hereby made clear that this Court has not examined the merits and de-merit of the case.

(A.J.DESAI, J)

(RAJENDRA M. SAREEN,J) *F.S.KAZI.....