Gujarat High Court
Bata India Limited vs Sunil Arjundas Parwani on 18 September, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/13433/2024 ORDER DATED: 18/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13433 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In
R/SPECIAL CIVIL APPLICATION NO. 13433 of 2024
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BATA INDIA LIMITED
Versus
SUNIL ARJUNDAS PARWANI & ANR.
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Appearance:
MR NEERAJ GROVER with MS. KETKI P JHA(9864) for the Petitioner(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 18/09/2024
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
Heard the learned counsel for the petitioner and perused the
record.
2. The present petition invoking the extra ordinary supervisory
jurisdiction of this Court under Article 227 of the Constitution of
India has been filed to challenge the judgment and order dated
13.05.2024 passed by the Commercial Court, namely the 13 th
Additional Senior Civil Judge, Vadodara in rejecting the application
under Order VII Rule 11 of the Code of Civil Procedure read with
Section 151 of the Code of Civil Procedure filed by the
defendant/petitioner herein. Invoking the provisions of Order VII
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C/SCA/13433/2024 ORDER DATED: 18/09/2024
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Rule 11 of the Code of Civil Procedure, the defendant had raised
various grounds for rejection of plaint, which were non-compliance of
the provision of Section 12A of the Commercial Courts Act, 2015,
Order VI Rule 15 of Code of Civil Procedure and Order XI of Code of
Civil Procedure.
2.1. The Commercial Court while rejecting the application under
Order VII Rule 11 of Code of Civil Procedure has formed an opinion
that the application has been filed just to delay the proceedings. It
was noted that the suit being Commercial Suit was valued at Rs.3
lakhs and hence in accordance with the administrative order dated
08.09.2021, it was transferred from the District Court, Vadodara to
the Commercial Court. The suit was initially presented on 23.10.2020
and was later by administrative order converted into Commercial
Suit No. 154 of 2021. It is noteworthy that the notice of the suit was
served upon the defendant and learned advocate for the defendant
had put in appearance and the notice was served to the learned
advocates of both the sides on 01.10.2021 when the suit was
converted into Commercial Suit and transferred to the Commercial
Court. The Records and Proceedings of the suit indicated that the
defendant filed adjournment reports on 08.03.2022, 16.03.2022 and
12.05.2022, but did not file any written statement. The right to file
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C/SCA/13433/2024 ORDER DATED: 18/09/2024
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written statement of the defendant was closed on 16.06.2022 and
subsequent thereto, application under Order VII Rule 11 of the Code
of Civil Procedure was filed on 07.11.2022.
3. Insofar as the main ground to press the application under VII
Rule 11 of the Code of Civil Procedure about violation of the
provisions of Section 12A of the Commercial Courts Act based on the
decision of the Hon'ble Apex Court in the case of Patil Automation
Pvt. Ltd. & Ors., v. Rakheja Engineers Pvt. Ltd., reported in AIR
2022 SCC 3848, it was rightly recorded by the Commercial Court
that the said provision was brought by way of the Amendment Act of
the year 2018 which was held to be prospective in nature effective
from 20.08.2022 onwards. In view of the ratio of the said decision,
the plaint cannot be rejected on the plea of violation of the provisions
Section 12A of the Commercial Courts Act as it was presented before
the Commercial Court with the transfer in the year 2021.
4. With regard to other grounds, such as non-compliance of the
provisions of Order VI Rule 11 of the Code of Civil Procedure or
Order XI of Code of Civil Procedure, we are of the considered view
that the said provisions cannot be incorporated under Order VII Rule
11 of the Code of Civil Procedure for rejection of plaint, inasmuch as,
the scope of Order VII Rule 11 of the Code of Civil Procedure is
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C/SCA/13433/2024 ORDER DATED: 18/09/2024
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confined with grounds aligned in clauses (a) to (f) therein. It is clear
that the aforesaid two grounds taken by the petitioner/defendant for
rejection of plaint do not fall within the scope of Order VII Rule 11 of
Code of Civil Procedure.
5. In view of the above, no interference is called for in the order
passed by the Commercial Court. The present petition is accordingly,
dismissed being devoid of merits.
Consequently, the connected Civil Application for stay also
stands disposed of.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
phalguni
