Messrs R. S. Shetye and Brothers Thr. Its Partner Vijay G. Shetye v. the State of Goa Thr. the Chief Secretary and Anr.

Bombay HC19 Jun 2024WP/458/2024

Case brief

AI extract

What is this about?

Five writ petitions raising whether disputes in pending civil suits are commercial and whether the Trial Court could exercise power under Section 15 of the Commercial Courts Act, 2015. The Court deferred the Commercial Court hearing fixed for 20.06.2024 beyond the returnable date and listed the petitions for 03.07.2024.

What the court decided

AI extract

Messrs R. S. Shetye and Brothers Thr. Its… — Civil Procedure and Limitation | Bombay HC (2024)

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WP.457 OF 2024

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Shakuntala

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO.457 OF 2024 AND WRIT PETITION NO.458 OF 2024 AND RIT PETITION NO.459 OF 2024 AND WRIT PETITION NO.460 OF 2024 AND RIT PETITION NO.461 OF 2024

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WRIT PETITION NO.457 OF 2024 FOMENTO RESOURCES PVT LTD. REP. BY ITS AUTH. SIGNATORY SANDEEP MORAJKAR ... PETITIONER Versus STATE OF GOA THR. THE CHIEF SECRETARY AND ANR. ... RESPONDENTS

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AND WRIT PETITION NO.458 OF 2024 MESSRS R. S. SHETYE AND BROTHERS THR. ITS PARTNER VIJAY G. SHETYE ... PETITIONER Versus STATE OF GOA THR. THE CHIEF SECRETARY AND ANR. ... RESPONDENTS AND WRIT PETITION NO.459 OF 2024 GEETABALA MANOHAR NAIK REP. BY ITS POA UMESH DAMODAR BHAKTA ... PETITIONER Versus STATE OF GOA THR. THE CHIEF SECRETARY AND ANR. ... RESPONDENTS

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AND WRIT PETITION NO.460 OF 2024 SOCIEDADE DE FOMENTO

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Page 1 of 3 19^th June 2024

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WP.457 OF 2024

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INDUSTRIAL PVT. LTD. REP. BY ITS AUTH. SIGNATORY SANDEEP MORAJKAR ... PETITIONER Versus STATE OF GOA THR. THE CHIEF SECRETARY AND ANR. ... RESPONDENTS AND WRIT PETITION NO.460 OF 2024 SOCIEDADE TIMBLE IRMAOS LIMITED REP. BY ITS AUTH. SIGNATORY SANDEEP MORAJKAR ... PETITIONER Versus STATE OF GOA THR. THE CHIEF SECRETARY AND ANR. ... RESPONDENTS

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Mr. Parag Rao with Mr. Ajay Menon, Advocates for the Petitioner. Mr. Ajay Borkar, Additional Government Advocate for the Respondents in WP.457/2024.

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Mr. Vishwadh Sardessai, Additional Government Advocate for the Respondents in WP.458/2024.

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Mr. Deep Shirodkar, Additional Government Advocate for the Respondents in WP.459/2024.

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Mr. Amogh Arlekar, Additional Government Advocate for the Respondents in WP.460/2024.

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Ms. Maria Correia, Additional Government Advocate for the Respondents in WP.461/2024.

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CORAM:- BHARAT P. DESHPANDE, J. DATED :- 19^th June, 2024

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P.C.

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Heard Mr. Rao along with Mr. Menon, learned Advocates for the Petitioners. The learned Additional Government Advocates Mr.Ajay Borkar, Mr. Vishwadh Sardessai, Mr. Deep Shirodkar, Mr. Amogh Arlekar and Ms. Maria Correia, appears and waives service on behalf of the Respondents in WP.457/2024, WP.458/2024,

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Page 2 of 3 19^th June 2024

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WP.457 OF 2024

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WP.459/2024, WP.460/2024, WP.461/2024, respectively.

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The question involved in all these petitions is whether the dispute in the respective Civil Suits is a commercial dispute or not. The second aspect is whether the Trial Court could have exercised its power under Section 15 of the Commercial Courts Act, 2015.

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Since only a law point is involved, the parties are put to the notice that matter will be taken up for final disposal at the admission stage itself.

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Mr. Rao submits that in all suits the amendment applications

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are pending and the matters are now kept before the Commercial Court tomorrow i.e. on 20.06.2024 at 10.00 a.m.

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Learned Commercial Court is requested to defer the hearing fixed on 20.06.2024, beyond the returnable date.

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Stand over to 03.07.2024

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BHARAT P. DESHPANDE, J.

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Page 3 of 3 19^th June 2024

Messrs R. S. Shetye and Brothers Thr. Its Partner Vijay G. Shetye v. the State of Goa Thr. the Chief Secretary and Anr.

Case brief

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What the court decided

Messrs R. S. Shetye and Brothers Thr. Its Partner Vijay G. Shetye v. the State of Goa Thr. the Chief Secretary and Anr.

Case brief

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