Final Order 1

Order Details: Other
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MHCC010031392020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
REVIEW PETITION NO.27 OF 2021
IN
NOTICE OF MOTION NO.4092 OF 2019
IN
COMMERCIAL SUIT NO.154 OF 2021
Watson Pharma Private Limited ......Applicant
(Original Defendant)
IN THE MATTER BETWEEN
Kamlesh Lakhman Patel Gami ….Plaintiff
Versus
Watson Pharma Private Limited .....Defendant
CORAM : HIS HONOUR JUDGE
SHRI RAJESH A. SASNE.
(C.R.NO.32).
DATE : 13th August, 2021.
Appearance:
Adv. Vivek Sharma for the plaintiff.
Ld.Adv. Mani Thevar a/w Adv. Kavita Sharma for the defendant.
ORDER
This review petition is filed by the defendant to review the
Order dated 27.02.2020 passed in Notice of Motion No.4092/2019 in
Commercial Suit No.229/2020.
2. It is the contention of the defendant that while deciding the
Notice of Motion No.4092/2019 vide judgment and order dated
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Review Petition No.27-21 .. 2..
27.02.2020, this Court has not considered the judgment of Hon'ble High
Court in case of Colonial Life Insurance Company (Trinidad) Ltd. &
Anr. Vs. Reliance General Insurance Company Limited. It is further
the contention of the defendant that while passing said order, the Court
has not considered that the suit has been filed as Short Cause Civil Suit
prior to date of Office Order No.28/2020. Mandatory period of 120
days is not applicable to the suits which are subsequently transferred as
Commercial Suit. With these contentions the defendant has prayed for
review of aforesaid order and to allow the Review Petition No.27/2021.
3. The learned Advocate Mr.Vivek Sharma for the plaintiff
orally consented before the Court to allow the review petition and to
condone the delay in filing written statement.
4. Heard learned Advocate for the defendant and learned
Advocate for the plaintiff. Gone through the contentions made in the
review petition. This suit was originally registered as Short Cause Suit
No.3259/2018, later on, it has been transferred to this Court/converted
as Commercial Case. Therefore, provisions of Section 15 of the
Commercial Courts Act,2015 will be applicable to this suit, which
provides that proviso to Sub Rule 1 of Rule 1 of OrderV of the Code of
Civil Procedure shall not apply to such transferred suit. Hence,
considering these provisions, fresh directions for filing written
statement were required to be given. The plaintiff has consented to
allow this review petition. Considering these facts, I pass the following
order.
ORDER
1. Review Petition No.27/2021 is allowed subject to costs of
Rs.2,000/ (Rupees Two Thousand Only). By allowing review,
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Review Petition No.27-21 .. 3..
order dated 27.02.2020 passed in NM No.4092/2019 is
reviewed and following order is passed accordingly.
(a) The delay in filing written statement is condoned.
(b) Costs shall be deposited with Legal Aid services authority, on or
before next date.
(c) After compliance of order written statement shall be taken on
record.
2. Review Petition No.27/2021 is disposed off accordingly.
(Rajesh A.Sasne)
Judge,
City Civil & Sessions Court,
Date : 13.08.2021. Gr. Mumbai.
Dictated on : 13.08.2021
Transcribed on : 13.08.2021
Signed on : 13.08.2021
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Review Petition No.27-21 .. 4..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
27.08.2021 at 12.10 p.m. (Mrs.K.S.Bhosale)
Name of the Judge (with Court Room
no.)
HHJ Shri R.A.Sasne.
(Court Room No.32).
Date of Pronouncement of
Judgment/Order
13.08.2021
Judgment/Order signed by P.O. on 13.08.2021
Judgment/Order uploaded on 27.08.2021
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