Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 431/2020 in Comm. Suit No. 140/19. 1 Order.
MHCC010010842020
Presented on : 28-01-2020
Registered on : 28-01-2020
Decided on : 17-09-2021
Duration : 1 years, 7 months, 20 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 431 OF 2020
IN
COMMERCIAL SUIT NO. 140 OF 2019
Kamal Khandhadia ...Plaintiff
Versus
M/s Shree Tirupati Greenfield
(Shree Tirupati Greenfield Developers)
and Others ...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(C.R.NO.31).
DATE : 17th SEPTEMBER, 2021.
Constituted Attorney of the plaintiff Shraddha Kamal Khandhadia in
person.
Mr. Ketan Dhavle, Advocate for the defendants.
ORDER
1. This notice of motion is taken out by the plaintiff for
conducting the proceeding in the suit under Order XXXVII Rule 2 of the
CPC and for amending the cause title as 'Commercial Summary Suit'.
Perused the notice of motion, reply, copies of orders in Writ Petition No.
2375/2020 filed with application (Exh.4) by Constituted Attorney of the
plaintiff and letter having No. RG/1611/72/2021 dated 06/09/2021 of
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N/m No. 431/2020 in Comm. Suit No. 140/19. 2 Order.
Hon'ble Registrar General creating separate case type – 'Commercial
Summary Suit'. I have also gone through affidavit in reply filed by
defendant no.2. Heard both sides.
2. On perusal of the record, it is explicit that the plaintiff had
presented the suit by quoting Order XXXVII Rule 2 of the CPC in the
title clause of the suit. As 'Commercial Summary Suit' category was not
created at the relevant time, the suit was registered as a 'Commercial
Suit'. The plaintiff had raised the issue before Hon'ble High Court by
filing Writ Petition No. 2375/2020. Hon'ble High Court had given
directions to Hon'ble Registrar General to take into account the
representation of the petitioner on 19/03/2021. Accordingly, writ
petition was disposed off and proceedings before this court were stayed
for the period of three months. Stay was continued as per orders of
Hon'ble High Court in the said writ petition passed on 18/06/2021 and
16/07/2021.
3. Hon'ble Registrar General sent letter dated 06/09/2021 as
referred above as per which category of 'Commercial Summary Suit' is
created for adjudication of 'Commercial Disputes' filed under Order
XXXVII as 'Commercial Summary Suits'.
4. In the light of above developments, present suit is basically
filed under Order XXXVII of the CPC. Therefore, it is liable to be
decided by following the procedure laid down under Order XXXVII of
the CPC. It is pertinent to note that written statement of the defendants
has not come on record and procedure, which is followed in ordinary
suit, is followed initially. Now, there is nothing to cause prejudice to
other side if this notice of motion is partly allowed. Hence, I pass the
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N/m No. 431/2020 in Comm. Suit No. 140/19. 3 Order.
following order :
ORDER
1. Notice of Motion No. 431/2020 is made absolute in terms
of prayer clause (a).
2. The suit be proceeded under Order XXXVII of the CPC.
3. Both sides are directed to take note of this order and follow
the course under Order XXXVII of the CPC.
4. N/m No. 431/2020 is disposed off accordingly.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.31)
Date : 17/09/2021. Mumbai.
1. Dictated online on : 17/09/2021.
2. Signed on : 17/09/2021.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
17/09/2021. 4.22 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 17/09/2021.
Judgment/Order signed by P.O. on 17/09/2021.
Judgment/Order uploaded on 17/09/2021.
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