Order 1

Order Details: Order below exhibit
Pdf Text: Suit No. 6/19. 1 Order below Exh.5.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 6 OF 2019
(CNR NO. MHCC010037972019)
Mansukhlal Umarshi Shah ...Plaintiff
Versus
Mr. Kantilal Kalyanji Gogri
Karta of Kantilal Kalyanji Gogri (HUF) ...Defendant
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 20th AUGUST, 2019.
Ms. Sharma, Advocate for Plaintiff.
Ms. Ruby, Advocate for Defendant.
ORDER BELOW EXHIBIT 5.
This is an application submitted by plaintiff to transfer this
suit to Summary Court. Ld. Advocate Sharma for plaintiff submits that
the suit is wrongly registered as Commercial Suit No. 6/2019.
2. Perused reply submitted by defendant. It is mentioned that
written statement is filed by defendant. The suit is posted for issues.
Application is filed with intent to delay the matter.
3. It is admitted by both sides ld. Advocates that the present
suit do not come under the definition of “Commercial Dispute” as
defined under Section 2(c) of the Commercial Courts Act, 2015.
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Suit No. 6/19. 2 Order below Exh.5.
4. It is material to note that the procedure of summary suit as
prescribed under Order 37 of Civil Procedure Code is adopted by both
sides. Plaintiff has served a summons for judgment to the defendant.
Thereon defendant has sought leave to file written statement.
Accordingly it is clear that the total procedure of summary proceeding
as prescribed under Order 37 of Civil Procedure Code is adopted.
Hence it is necessary to transfer the suit to Summary Court. Hence the
order :
ORDER
1. Application is allowed.
2. The caption of suit be changed from 'Commercial Suit' to
'Summary suit'.
3. The Roznama be placed before the Hon'ble Principal Judge
to transfer this suit before the appropriate Court.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 20/08/2019. Mumbai.
1. Dictated on : 20/08/2019.
2. Transcribed on : 20/08/2019.
3. Signed on : 21/08/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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Suit No. 6/19. 3 Order below Exh.5.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
21/08/2019. 2.55 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 20/08/2019.
Judgment/Order signed by P.O. on 21/08/2019.
Judgment/Order uploaded on 21/08/2019.
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