Order 2

Order Details: Notice of Motion
Pdf Text: N/m No. 840/2020 in Comm. Suit No. 134/19. 1 Order.
MHCC010022172020
Presented on : 21-02-2020
Registered on : 21-02-2020
Decided on : 10-03-2021
Duration : 1 years, 0 months, 18 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 840 OF 2020
IN
COMMERCIAL SUIT NO. 134 OF 2019
M/s. Ashok Commercial Enterprises and Another ...Plaintiffs
Versus
Rajesh Jugraj Madhani ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 10th MARCH, 2021.
Ms. Yasmin Tavaria, Advocate for Plaintiffs.
Mr. Vijay Upadhyay, Advocate for Defendant.
ORDER
This is a motion taken out by defendant to dismiss the suit
for non-compliance of pre-institution mediation enumerated under
Section 12A of the Commercial Courts Act, 2015. Perused reply
submitted by plaintiff.
2. Learned Adv. Tavaria for plaintiff submits that defendant
has planned to alienate the property; it has been came to the knowledge
of the plaintiff in view of advertisement in Times of India. Therefore,
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N/m No. 840/2020 in Comm. Suit No. 134/19. 2 Order.
plaintiff has instituted the suit and in view of submission advanced by
the plaintiff, relying on the explanation given by the plaintiff, this Court
has waived the mandatory pre-institution mediation as per Section 12A
of the Act.
3. Learned Adv. Upadhyay for the defendant submits that
there are various grounds to dismiss the suit. For that purpose
defendant has preferred another notice of motion bearing No.
841/2020. However, the mandatory compliance stipulated under
Section 12A of the Act is not complied, it is prayed to dismiss the suit.
REASONS
4. On perusal of detail roznama dated 09/09/2019, the
learned Judge vests the section of allotment of the suit and enlisted the
suit by giving kachha commercial number. Considering submissions
advanced by the learned advocate for plaintiff, it is observed by the
learned Judge as follows :
“However, the learned counsel for the
plaintiff referred to para-18 at page no.26 of
documents filed with the plaint and submitted that
the defendant has admitted the transaction but
flatly denied his liability. Hence, no purpose
would be served by referring the matter to the pre
institution mediation.
Considering the above submission I am of the
view that though suit will have to be registered as
a Commercial suit, the plaintiff can avail the
remedy of summary judgement as per order XIII-A
of CPC vide amended provisions of commercial
Court Act-2015.”
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N/m No. 840/2020 in Comm. Suit No. 134/19. 3 Order.
5. It is to note that considering correspondence between the
parties, it is shown to the court that defendant has admitted the
transaction but denied the liability. Therefore, learned Judge vests with
the assignment of allotment has waived the mandatory pre-institution
mediation. Therefore, upon appropriate reasons shown by the plaintiff,
special exemption has been given under Section 12A of the C.C.Act,
2015. In short, there is no substance in motion. Hence, the order :
- ORDER -
1. Notice of Motion No. 840/2020 stands dismissed.
2. No order of cost.
3. N/m No. 840/2020 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 10/03/2021. Mumbai.
1. Dictated on : 10/03/2021.
2. Transcribed on : 11/03/2021.
3. Signed on : 12/03/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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N/m No. 840/2020 in Comm. Suit No. 134/19. 4 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
12/03/2021. 1.42 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 10/03/2021.
Judgment/Order signed by P.O. on 12/03/2021.
Judgment/Order uploaded on 12/03/2021.
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