Gujarat High Court
Shree Uday Oil And Foods Industries ... vs Kavya Marketing on 18 September, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/13426/2024 ORDER DATED: 18/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13426 of 2024
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SHREE UDAY OIL AND FOODS INDUSTRIES PROPRIETORSHIP FIRM
Versus
KAVYA MARKETING & ANR.
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Appearance:
MR. JAY M THAKKAR(6677) 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)
This petition invoking extraordinary jurisdiction of this Court
under Article 227 of the Constitution of India has been filed to
assail the judgment and order dated 01.04.2024 passed by the
Commercial Court in granting conditional leave to the defendant
and dismissing the summons for judgment, giving 30 days time to
the defendant to file written statement and that, on filling of the
written statement, the suit will be converted into long cause suit.
2. While holding so, the Commercial Court has recorded the
written and oral contentions submitted by both the sides, as also
NEUTRAL CITATION
C/SCA/13426/2024 ORDER DATED: 18/09/2024
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the documentary evidences produced by both the sides and held
that though it was proved that there was a business relationship
between the parties and the denial of the defendant that he has not
worked as a super stockist of the plaintiff, was prima facie not
entertainable to deny the claim for recovery made by the plaintiff.
Prima facie perusal of the evidence indicated that there was no
written clause/agreement regarding as to how the super stockist's
landing price would have to be calculated. It was noted that the
plaintiff had calculated the price in all bills without adding VAT for
years together. The question as to whether the explanation offered
by the plaintiff about the mistake or error in calculation of super
stockist landing price is acceptable, is a matter of trial and without
evidence it cannot be decided that the plaintiff is entitled for the
money claim in the suit.
3. In view of the above findings, we do not find any error in
the decision of the Commercial Court that the defendant has raised
triable issues indicating that he has a fair bona fide and reasonable
defence and hence, is entitled to unconditional leave to defend.
NEUTRAL CITATION
C/SCA/13426/2024 ORDER DATED: 18/09/2024
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4. In view of the above, we do not find any good ground to
interfere in the findings returned by the trial court. The present
petition is, accordingly, dismissed.
5. It is, however, clarified that the dismissal of the present
petition and the observations made hereinabove therefor, shall not
come in the way of the petitioner to establish his case by producing
relevant cogent evidences, which are required to be appreciated
independently.
6. It goes without saying that the Commercial Court shall make
an endevour for early disposal of the suit.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
C.M. JOSHI
