Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 4 ADDL SESSIONS JUDGE
Case No. :Commercial Suit/0100113/2019
Amar Manishkumar Jariwala Vs Darshan Finance and Securities
Date : 29-01-2020
Business : None for plaintiff. None for defendants. Plaintiff and his Ld.
advocate are absent when the matter is called at 11.15 a.m.
KB LO Plaintiff and his Ld. advocate are absent when the
matter is called at 11.50 a.m. KB LO Order- Plaintiff and his
Ld. advocate are absent when the matter is called at 12.00
p.m. On previous date it was noted in roznama that the
plaintiff had not taken any steps for service of writ of
summons upon the defendant. Rule 55 of The Bombay City
Civil and Sessions Court Rules, 1948 provides that the
plaintiff has to deliver writ of summons to the Sheriff for
service. However, in this matter the plaintiff has neither
turned up nor tendered any affidavit of service nor the
acknowledgement or document showing that the writ of
summons is delivered to the sheriff. This is a suit relating to
a commercial dispute. Schedule to The Commercial Courts
Act, 2015 provides for amendments to The Code of Civil
Procedure, 1908. Order XV- A is inserted prescribing the
procedure for trial of the suit after case management
hearing. Rules 3 and 4 thereof provide that the court has to
ensure that the arguments are closed within 6 months from
the date of the first case management hearing and for
recording evidence on a day to day basis. From these
provisions it can be ascertained that the suits relating to
commercial disputes are to be tried expeditiously. In this
matter the plaintiff has not taken steps for last three months
to serve writ of summons to the defendant. In such
circumstances if the matter is kept on board without steps, it
will not only delay the progress of the matter but also will
frustrate the object of the Commercial Courts Act, 2015.
Therefore, suit is dismissed in default.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 29-01-2020
COURT 4 ADDL SESSIONS JUDGE
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