Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 432/2020 in Comm. Suit No. 141/19. 1 Order.
MHCC010010852020
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. 432 OF 2020
IN
COMMERCIAL SUIT NO. 141 OF 2019
Shraddha 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.
Plaintiff 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 and letter having No.
RG/1611/72/2021 dated 06/09/2021 of Hon'ble Registrar General
creating separate case type – 'Commercial Summary Suit'. I have also
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N/m No. 432/2020 in Comm. Suit No. 141/19. 2 Order.
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 present plaintiff as a Constituted Attorney of the plaintiff in
Commercial Suit No. 140/2019 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.
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
following order :
ORDER
1. Notice of Motion No. 432/2020 is made absolute in terms
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N/m No. 432/2020 in Comm. Suit No. 141/19. 3 Order.
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. 432/2020 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. 4.28 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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