Delve into the significant judgment summary of Commercial Civil Suit No. 275 of 2024 as declared by the Gujarat High Court. Explore the pivotal outcomes for the involved parties and the legal intricacies discussed in this case. Stay informed about the latest updates in the legal landscape. #LegalCase #JudgmentSummary #CommercialCourt
Facts
- The Commercial Civil Suit No. 275 of 2024 was filed by the present Respondent before the Commercial Court in Ahmedabad on 21 May, 2024.
- On 23 May, 2024, the advocate for the petitioner appeared before the Commercial Court and submitted an undertaking to file an appearance and Written Statement.
- During the hearing, an Application (Exh.18) was filed by the plaintiff seeking a Court Commissioner to visit the premises and inspect the status of the machineries in the Defendant’s premises.
- A Pursis was filed and recorded by the Commercial Court with the returnable fixed on 23 May, 2024.
Analysis
- The Court did not delve into the merits of the case
- The judgment does not include an analysis section
- No specific findings were made regarding the case
Decision
- The petition is dismissed.
- The petitioner is allowed to file a Written Statement within three days.
- An Application Exh.18 was filed by the plaintiff for inspection of the premises of the defendants.
- The Commercial Suit is for the recovery of Rs.8,91,25,000 along with an injunction application under Order 39 Rule 1 and 2 C.P.C.
- The Trial Court appointed a Court Commissioner under Order 26 Rule 9 of the C.P.C.
- The Trial Court’s decision was based on the nature of the suit and the prayers in the Injunction Application.
- The Court Commissioner’s report will not be considered in deciding the Injunction Application, but will be considered during the main suit proceedings.
- The Written Statement will be taken on record by the Trial Court once filed.
- Ad-interim relief may be granted in the interest of justice.
- Certified Copy of the Order dated 23.05.2024 at Annexure-A may be dispensed with.
Case Title: M/S. AARVEE DENIM AND EXPORTS LIMITED Vs. M/S. YARNCOMS INDIA PRIVATE LIMITED
Case Number: R/SCA/8348/2024
