Vimal Fire And Emergency Services ... vs M/S. Lumax Industries Limited
2023 Latest Caselaw 5341 Guj

     C/FA/2772/2023                               ORDER DATED: 07/07/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2772 of 2023
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              VIMAL FIRE AND EMERGENCY SERVICES LTD.
                               Versus
                   M/S. LUMAX INDUSTRIES LIMITED
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Appearance:
SHASHVATA U SHUKLA(8069) for the Appellant(s) No. 1
for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE J. C. DOSHI

                              Date : 07/07/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) The present First Appeal preferred under Section 13 of the Commercial Courts Act, 2015 read with Section 96 of the Code of Civil Procedure, 1908, is directed against judgment and decree dated 6.5.2023 in Commercial Civil Suit No.60 of 2019 (Old Commercial Civil Suit No.2 of 2017) passed by the Commercial Court, learned 3rd Additional Senior Civil Judge, Vadodara, which is made subject matter of challenge in First Appeal No.2776 of 2023.

2. However the present appeal arise out of the rejection of the counter-claim by the defendant.

3. In First Appeal No.2776 of 2023 preferred by the plaintiff, following order is passed,

"3. When the appeal filed as above comes up for consideration before this court, learned advocate Mr.Shashvat Shukla for the appellant

C/FA/2772/2023 ORDER DATED: 07/07/2023

invites attention to the Notification of the Legal Department, Government of Gujarat dated 26.10.2020 issued in exercise of powers under Section 3A read with Sub-section (1) of Section 13 of the Commercial Courts Act, 2015, in supersession of the earlier notification, by which the court is designated for the purpose of exercising jurisdiction and powers under the Commercial Courts Act, 2015, as specified in Column 3 of the Schedule.

3.1 According to the said Notification, judgment and orders passed by learned Senior Civil Judge, designated as Commercial Court under Section 3(1) of the Commercial Courts Act, 2015 could be could be subjected to appeal before the learned Principal District Judges concerned.

3.2 Looking to the said Notification, when modified by Notification dated 3.1.2023 of the Legal Department in which the group of words, regarding value of the subject matter came to be deleted. The aspect is not relevant herein.

4. When in the present case, judgment and decree impugned passed by the Additional Senior Civil Judge and when the aforesaid Notification dated 26.10.2020 contemplates appeal to lie competent before the Principal District Judges where its judgment and order of learned Senior Civil Judge designated as Commercial Court, the appeal would have to be relegated to the competent court of learned Principal District Judge. It is before the said appellate Commercial Court that the appeal would lie against the judgment and decree in which and not before this court.

5. In view of the above position emerging, the present appeal is returned to the appellant to be presented before the competent appellate court as above.

5.1 The Registry shall take necessary steps

C/FA/2772/2023 ORDER DATED: 07/07/2023

to return papers of the appeal. The appellant is permitted to present the appeal against the judgment and decree mentioned above before the competent court.

5.2 As stated by learned advocate for the appellant, the present appeal is presented unaccompanied by judgment and decree brought under challenge. The appellant shall file judgment and decree to remove the office objections in that regard whereafter it shall be immediately returned to the appellant as per the above directions.

6. It is observed that if the question of limitation arises when the appeal is presented before the competent court, the period consumed from the date of filing of present appeal till it is presented, shall be treated as the appellant litigating bonafide.

6.1 It is further directed that the appellant shall present the appeal before the competent court on or before 14.7.2023 to avail above benefit of Section 14 of the Limitation Act, as above."

4. The appellant is permitted to follow the same course as above and the competent appellate court shall abide by the directions as above in respect of the present appeal as well.

5. In view of the above, the First Appeal is disposed of accordingly.

(N.V.ANJARIA, J)

(J. C. DOSHI,J) Manshi