Gujarat High Court
Modipon Fibres Company vs Gujarat State Fertilizers And ... on 19 April, 2018
Author: M.R. Shah
Bench: M.R. Shah, A.Y. Kogje
C/FA/1438/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1438 of 2017
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MODIPON FIBRES COMPANY
Versus
GUJARAT STATE FERTILIZERS AND CHEMICALS LIMITED
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Appearance:
MR DEVAN PARIKH, SENIOR ADVOCATE assisted by MR MN
MARFATIA(6930) for the PETITIONER(s) No. 1,2
MR KS NSNAVATI, SENIOR ADVOCATE for NANAVATI
ASSOCIATES(1375) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 19/04/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) It is reported that another SCA is preferred by the appellant herein being SCA No.4764 of 2017, which is arising out of the order passed the learned Commercial Court, Vadodara passed below Exh.15 in Commercial Civil Suit No.79 of 2016 granting conditional leave to the original defendants-appellants herein to defend the suit.
It is reported that through oversight and/or by mistake, the said SCA is notified before the learned Single Judge. From the Roster and the business allotted, it appears that all SCAs filed under Article 226/227 of the Constitution of India against the order of the Page 1 of 2 C/FA/1438/2017 ORDER Commercial Courts shall be placed before the Division Bench - Commercial Appellate Division, i.e. before this Court. Even otherwise, both the proceedings, i.e. present appeal as well as the aforesaid SCA are absolutely interconnected and has direct bearing on the decision in either of the matters.
Registry to verify the whether SCA No.4764 of 2017 is required to be placed before this Court as per the Roster or before the learned Single Judge and thereafter place it before appropriate Court taking up such matters as per the Roster.
S.O. to 07.05.2018.
(M.R. SHAH, J.) (A.Y. KOGJE, J.) SHITOLE Page 2 of 2