Order 1

Order Details: Order below exhibit
Pdf Text: Comm. Suit No. 414/2020. 1 Order below Exh.3.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
ORDER BELOW EXHIBIT 3
IN
COMMERCIAL SUIT NO. 414 OF 2020
Krystal Colloids Pvt. Ltd. ...Plaintiff
Versus
Vea Global ...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(C.R.NO.31).
DATE : 6th SEPTEMBER, 2021.
Ms. Sonal Darbar, Advocate for the plaintiff.
None for the defendant.
ORDER
1. This application is filed by the plaintiff for converting /
transferring the present commercial suit into the summary suit under
Order XXXVII of the CPC. Perused the application and the suit
proceeding. Heard learned counsel Sonal Darbar for the plaintiff.
2. It is contention of the plaintiff that she had filed the suit
under Order XXXVII Rule 2 of the Civil Procedure Code (for short 'the
CPC'). However, due to objection of the department, the plaintiff was
compelled to file the suit as commercial suit. Now, the plaintiff wants
to get the suit registered as a 'summary suit'.
3. Learned counsel Sonal Darbar for the plaintiff reiterated
contents in the application and submitted that the plaintiff was
compelled to get the suit registered as a 'commercial suit' by the
department of the court and she has already pointed out this aspect by
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Comm. Suit No. 414/2020. 2 Order below Exh.3.
way of para 18(a) in the plaint. She relied upon observations of my
learned brother Judges in orders in Notice of Motion No. 501/2020 in
Commercial Suit No. 174/2019 and Commercial Suit No. 115/2019
passed on 04/01/2021 and 04/03/2020 respectively. By placing
reliance on both these orders, she submitted that the plaintiff has
dominus litis. She submitted that the suit be converted from the
commercial suit to summary suit. She prayed that application may be
allowed.
4. On perusal of the record, it appears that the suit is
originally registered as a commercial suit and there is no reference of
Order XXXVII of the CPC in the plaint. Title clause of the plaint reflects
filing of the suit as an ordinary suit. So, there is no scope to conclude
that the plaintiff had presented the suit as a summary suit. Over
writing in the second line of the first page of the plaint reveals that
words 'Short Cause' are obliterated and word 'Commercial' is written
while writing number and year of the suit. Considering all these
aspects, there is no scope to entertain the application. Hence, I pass the
following order :
ORDER
Application Exh.3 is rejected.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.31)
Date : 06/09/2021. Mumbai.
1. Dictated online on : 06/09/2021.
2. Signed on : 07/09/2021.
3. Delivered to Certified :
Copy Section on
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Comm. Suit No. 414/2020. 3 Order below Exh.3.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
07/09/2021. 4.42 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 06/09/2021.
Judgment/Order signed by P.O. on 07/09/2021.
Judgment/Order uploaded on 07/09/2021.
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