Gujarat High Court
M/S R. K. Casting Co. vs M/S C. M. Smith And Sons Ltd on 10 July, 2019
Author: R.M.Chhaya
Bench: R.M.Chhaya, B.N. Karia
C/SCA/19631/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19631 of 2018
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M/S R. K. CASTING CO.
Versus
M/S C. M. SMITH AND SONS LTD
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Appearance:
MR HARESH H PATEL(611) for the Petitioner(s) No. 1
MR.ADITYA J PANDYA(6991) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
and
HONOURABLE MR.JUSTICE B.N. KARIA
Date : 10/07/2019
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE R.M.CHHAYA)
1. Heard the learned advocates appearing for the respective parties.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs: "(A) This Hon'ble Court be pleased to issue a writ of mandamus and/or writ of certiorari or any other appropriate writ, order or direction, directing the Commercial Court, Rajkot to decide Exh.11, Exh.15, Exh.28 and Exh.29 applications pending before it as expeditiously as possible, preferably within a period of 4 weeks from the date of the order that may be passed by this Hon'ble Court.
Page 1 of 3 Downloaded on : Fri Jul 12 01:51:38 IST 2019 C/SCA/19631/2018 ORDER(B) During the pendency and final disposal of this petition, this Hon'ble Court be pleased to direct the Commercial Court, Rajkot to decide Exh.11, Exh.15, Exh.28 and Exh.29 applications pending before it as expeditiously as possible, preferably within a period of 4 weeks from the date of the order that may be passed by this Hon'ble Court.
(C) ... ... ..."
3. At the outset, it deserves to be noted that this Court (Coram: Mr. S.H. Vora, J.) had passed the following order in Special Civil Application no.7417 of 2016 with Civil Application no.6071 of 2016 on 18.11.2016: "5. It is made clear that this Court has not examined application Exhs.11 and 15 on merits and the learned Executing Court shall decide the same on merits uninfluenced by the observations recorded in the impugned order as well as concessional statement made at bar by the learned advocate appearing for the respondent. Not only that, the learned Executing Court shall pass appropriate order of refund of cheque amounts realized while executing order dated 22.03.2016 and also order to return unrealized cheques to the petitioner, if application Exhs.11 and 15 are decided in favour of the petitioner."
4. The learned advocates have jointly pointed out that the matter was already heard by the Page 2 of 3 Downloaded on : Fri Jul 12 01:51:38 IST 2019 C/SCA/19631/2018 ORDER Commercial Court at Rajkot. However, the fact remains that the concerned Judge of the Commercial Court has been transferred and the judgment could not be rendered. In view of the said fact, the prayers prayed for cannot be granted. Moreover, as per the amendment of the Commercial Court, the Commercial Court has been redesignated and hence, the direction as prayed for cannot be granted at this stage. However, it is provided that the Commercial Court, before whom the proceedings of Special Darkhasht no.24 of 2015 are pending, shall expedite the hearing of the applications below Exhs.11 and 15 and after hearing the parties, endeavour to dispose of the same as expeditiously as possible. It is, however, clarified that this Court has not expressed any opinion on merits of the applications which are pending before the Commercial Court at Rajkot.
5. Accordingly, the present petition is disposed of. Notice discharged. However, there shall be no order as to costs.
(R.M.CHHAYA, J) (B.N. KARIA, J) MRP Page 3 of 3 Downloaded on : Fri Jul 12 01:51:38 IST 2019