Manor Investment Company Pvt. Ltd vs Union Of India
2025 Latest Caselaw 929 Guj

Gujarat High Court

Manor Investment Company Pvt. Ltd vs Union Of India on 15 July, 2025

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                                                 NEUTRAL CITATION




                             C/SCA/7046/2025                                      ORDER DATED: 15/07/2025

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                              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/SPECIAL CIVIL APPLICATION NO. 7046 of 2025
                                                  With
                         CIVIL APPLICATION (FOR AMMENDMENT) NO. 1 of 2025
                            In R/SPECIAL CIVIL APPLICATION NO. 7046 of 2025
                       =============================================
                                       MANOR INVESTMENT COMPANY PVT. LTD.
                                                     Versus
                                              UNION OF INDIA & ANR.
                       =============================================
                       Appearance:
                       MR YATIN SONI(868) for the Petitioner(s) No. 1
                       MS MARIYA M DALAL(3957) for the Petitioner(s) No. 1
                       MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 1
                       =============================================
                        CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
                              SUNITA AGARWAL
                              and
                              HONOURABLE MR.JUSTICE D.N.RAY

                                                          Date : 15/07/2025

                                                  ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Having heard the learned counsels for the parties and perused the record, suffice it to note that the present petition has been filed invoking extraordinary supervisory jurisdiction of this Court under Article 227 of the Constitution of India to challenge the judgment and order dated 17.04.2025 passed by the Presiding Officer, Commercial Court and Principal Senior Civil Judge, Vadodara in rejecting the application under Order XIV Rule 5 CPC, filed by the defendant No.1 / petitioner herein at the verge of completion of the proceedings of the trial in Commercial Civil Suit No.250 of 2019. We may note that the prayer for framing of additional issue by moving an application - Exhibit '136' was made under the provisions of Order XIV Rule 5 after the evidences were concluded.

NEUTRAL CITATION

C/SCA/7046/2025 ORDER DATED: 15/07/2025

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2. Be that as it may, the present petition was presented on 30.04.2025 and was registered on 09.05.2025. But by that date, the suit itself was decreed on 09.05.2025.

3. With the decree passed in the Commercial Civil Suit No.250 of 2019, the proceedings of the said suit having been brought to its logical end, it is not possible for us to entertain the issues raised by the petitioner in the present petition.

4. It is further pointed out by the learned counsel for the petitioner that the petitioner is filing an appeal challenging the judgment and decree dated 09.05.2025. It is, therefore, open for the petitioner to take all issues raised herein before the appellate court.

5. The present petition is, accordingly, dismissed being devoid of merits. Pending civil application also stand disposed of.

(SUNITA AGARWAL, CJ )

(D.N.RAY,J) SAHIL S. RANGER