D And D Fashion vs Dipak Sharma Huf
2023 Latest Caselaw 3713 Guj

     C/SCA/501/2023                              ORDER DATED: 01/05/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 501 of 2023

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                          D AND D FASHION
                               Versus
                         DIPAK SHARMA HUF
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Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
MR. MAULIK M SONI(7249) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
       and
       HONOURABLE MR. JUSTICE J. C. DOSHI

                           Date : 01/05/2023

                           ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J. C. DOSHI)

1. By way of this petition filed under Article 227 of the Constitution of India, the petitioner challenges legality and validity of the order passed by the learned Judge, City Civil Court, Ahmedabad below Exh.20 dated 26.12.2022 in Commercial Civil Suit No.3539 of 2021, whereby the application Exh.17 being filed for summons for judgment was dismissed and application vide Exh.20 being filed for leave to defend was partly allowed with a condition to deposit a sum of Rs.50 lakh with Nazir of the learned City Civil Court, Ahmedabad within 30 days from the date of the order.

2. When the matter is taken up for hearing, learned advocate Mr. SP Majmudar appearing for the petitioner and learned advocate Mr.Maulik Soni appearing for the respondent made a

C/SCA/501/2023 ORDER DATED: 01/05/2023

joint request that let the order passed on 12.1.2023 in this petition be continued till final disposal of the Commercial Civil Suit with the further request of expeditious disposal of the commercial civil suit.

3. Upon such submission, it is submitted to pass necessary orders for final disposal of this petition.

4. On 12.1.2023, following order was passed by this court .

"Heard Mr.S.P.Majmudar learned advocate appearing for the petitioner and Mr.N.K.Majmudar learned advocate for Mr. Maulik Soni learned advocate appearing for the respondent. Perused the prayers of the suit filed under Order XXXVII of the Civil Procedure Code, 1908, by which, the original plaintiff has prayed a money decree as well as permanent injunction against the immovable properties of the respondent, which are referred in Para - 13 of the plaint and considered the ratio laid down by the decision of the Hon'ble Supreme Court, we are of the opinion that the matter requires consideration.

Rule making it returnable on 20.03.2023. Mr. Maulik Soni, learned advocate, waives service of notice of rule appearing for the respondent.

Interim relief in terms of Para - 14(B)."

5. Thus, by way of order dated 12.1.2023, interim relief in terms of para 14(B) was granted. Para 14(B) reads as under:-

C/SCA/501/2023 ORDER DATED: 01/05/2023

"During the pendency and final disposal of the present petition, Your Lordships may be pleased to stay the operation, implementation and execution of the impugned order dated 26.12.2022 passed by the learned Judge, Commercial Court, City Civil Court, Ahmedabad below applciation Exh.20 in Commercial Civil Suit No.3539 of 2021 to the extent it imposes a condition to deposit an amount of Rs.50 lakh upon the petitioner within 30 days from the date of the said order and Your Lordships may further be pleased to stay further proceedings of Commercial Civil Suit No.3539 of 2021 pending before the learned City Civil Court, Ahmedabad, in the interest of justice."

Thus, on 12.1.2023, this court has stayed the impugned order passed below Exh.20 granting conditional leave to defend.

6. Since broad consensus is arrived at between learned advocates for both the parties and upon their joint request that the order dated 12.1.2023 be allowed to be continued till final disposal of the Commercial Civil Suit No.3539 of 2021, with this order, this petition may be disposed of accordingly.

7. We deem it proper to dispose of this petition, allow to govern order dated 12.1.2023 reproduced herein above till final disposal of Commercial Civil Suit No.3539 of 2021.

8. Needless to say that we have not entered into merits of the case. Learned Commercial Judge, City Civil Court, Ahmedabad is expected to dispose of Commercial Civil Suit No.3539 of 2021

C/SCA/501/2023 ORDER DATED: 01/05/2023

as expeditiously as possible within the time frame stipulated in Commercial Civil Court Act, 2015. No order as to costs.

(ASHUTOSH SHASTRI, J)

(J. C. DOSHI,J) SHEKHAR P. BARVE