Pearl Shiptrans Private Limited vs M/S. Multi Marbles Private Limited
2025 Latest Caselaw 5869 Guj

Gujarat High Court

Pearl Shiptrans Private Limited vs M/S. Multi Marbles Private Limited on 17 April, 2025

                                                                                                             NEUTRAL CITATION




                                C/SA/119/2025                                ORDER DATED: 17/04/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                            R/SECOND APPEAL NO. 119 of 2025
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                                                 PEARL SHIPTRANS PRIVATE LIMITED
                                                               Versus
                                                M/S. MULTI MARBLES PRIVATE LIMITED
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                        Appearance:
                        MR.AMIT R JOSHI(6682) for the Appellant(s) No. 1
                        ================================================================
                          CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                         Date : 17/04/2025
                                                          ORAL ORDER

The present Second Appeal has been filed challenging the judgment and decree passed in Regular Civil Appeal No.33 of 2022 whereby the appellate Court has allowed the said appeal and the judgment and decree dated 15.02.2020 passed by the Additional Civil Judge, Gandhidham in Regular Civil Suit No.20 of 2019 has been set aside and the matter has been remanded to the trial Court to deciding afresh after giving opportunity to defendant to said suit.

Learned advocate for the appellant has fairly stated that the affidavit (examination-in-chief) produced vide Exhibit-12 was not served and in view of the said fact, the present appellant requests the Court that as the said suit is of the year 2019 and the examination-in-chief of the plaintiff is already in record and all the original documents are also produced. The appellant be permitted to withdraw the present Second Appeal.

                                                                                                        NEUTRAL CITATION




                                C/SA/119/2025                          ORDER DATED: 17/04/2025

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In view of the said fact, as the suit is of the year 2019 and the examination-in-chief has already filed before the trial Court and the fact that original plaintiff has not supplied the copy of the examination-in-chief to the opponent. The appellant is permitted to withdraw the present Second Appeal and in view of the fact that Regular Civil Suit is for recovery of an amount. The trial Court is requested to dispose of the said Civil Suit No.20 of 2019 within a period of six months from the date of receipt of present order. While deciding the said suit, the trial Court give an opportunity to both the parties to lead evidence. In view of the said, the present Second Appeal is disposed of as withdrawn.

In view of the order passed in main matter, Civil Application does not survive and stands dispose of accordingly.

(SANJEEV J.THAKER,J)

Manoj Kumar Rai