Dismissed

Tirupati Structure India Pvt. Ltd. v. M/S Apace Builders and Contractors Pvt. Ltd.

Chhattisgarh HC11 Jun 2024WP227/431/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh at Bilaspur dismissed a writ petition under Article 227 of the Constitution of India filed by Tirupati Structure India Pvt. Ltd. as not pressed, despite the petitioner's counsel submitting an appeal lay under CPC provisions. Liberty was granted to avail of the appropriate remedy.

What did the court decide?

Liberty to avail appropriate remedy granted in favour of the petitioner.

Tirupati Structure India Pvt. Ltd. Vs… — Civil Procedure and Limitation | Chhattisgarh HC (2024)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

WP227 No. 431 of 2024

¶5

Tirupati Structure India Pvt. Ltd. Through Director Anand Agrawal S/o Shri B.D. Agrawal, Aged About 63 Years, R/o 67/1, Behind Ralas Motors, Tatibandh, District Raipur (C.G.)

¶6

---- Petitioner

¶7

Versus

¶8

1. M/s Apace Builders And Contractors Pvt. Ltd. Through Director Mr. Kuldeep Arora, Kh. No. 258, 1st Floor, Kohinoor Enclave, Saidukajab Extension, South Delhi, Delhi (Wrongly Mentioned As Constractores And Saidukalab In Annexure P/1)

¶9

2. Mr. Kuldeep Arora S/o J.K. Aroral, Director, M/s. Apace Builders And Contractors Pvt. Ltd. Kh No. 258, 1st Floor, Kohineer Enclave, Saidukajab Entension, South Delhi, Delhi (Wrongly Mentioned As Constractors And Saidukalab In Annexure P/1)

¶10

3. Mr. Vijay Shukla S/o Indra Dev Shukla. Director M/s Apace Builders And Constractors Pvt. Ltd. Kh No.N 258, 1st Floor, Kohinoor Enclave, Saidukajab Extension, South Delhi, Delhi, (Wrongly Mentioned As Constractores And Saidukalab In Annexure P/1)

¶11

4. Mr. Mukesh Khurana S/o Ramprakash, Director M/s Rudra Buildwell Pvt. Ltd, 282/1 Gurunanak Auto Markter, Kashmiri Gate, East Delhi, Delhi Other Address 704/b/7, Extn 100, Safdarjang Enclave, Vasant Vihar, South Delhi, Delhi.

¶12

5. Mrs. Babita Khurana, Director, M/s Rudra Buildwell Pvt. Ltd. 282/1 Gurunanak Auto Market, Kashmiri Gate, East Delhi, Delhi. Other Addrress- 704/b/7, Extn 100, Safdarjang Enclave, Vasant Vihar, South Delhi, Delhi.

¶13

6. Neeraj Choudhary, Asst Manager (Purchase) M/s Apace Builders And Contractors Pvt Ltd, A-66, Sector-63, Noida (U.P.) (Wrongly Mentioned As Constractors In Annexure- P/1)

¶14

---- Respondent

¶15

CAUSE TITLE DOWNLOADED FROM CIS PERIPHERY

¶16

For Petitioner

¶17

: Mr. Ajay Pal Singh, Advocate

¶18

Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

¶19

¶20

12.06.2024

¶21

1. This Writ Petition has been filed by the petitioner under Article 227 of the Constitution of India being aggrieved by the order dated 01.03.2024 passed by the 12^th Additional District Judge, Raipur in Civil Case No.6B/2020, whereby, an order has been passed under Order 7 Rule 10 of the CPC for returning of the plaint to produce the same before the jurisdictional Court.

¶22

2. At the outset, learned counsel for the petitioner would submit that against the said order, an appeal would lie under Order 43 Rule 1(a) of the CPC, therefore, he does not want to press this petition. However, the petitioner may be granted liberty to avail the appropriate remedy available to him under the law.

¶23

3. In view of the above submission, this petition is dismissed, as not pressed, with the aforesaid liberty granted in favour of the petitioner.

¶24

4. Registry is directed to return certified copy after retaining a photocopy of the same.

¶25

Sd/-

¶26

(Deepak Kumar Tiwari) Judge

¶27

Priyanka

Tirupati Structure India Pvt. Ltd. v. M/S Apace Builders and Contractors Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Tirupati Structure India Pvt. Ltd. v. M/S Apace Builders and Contractors Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Santoshi Bai Gond Vs Samarin Bai Gond

Khemlal Sonkar Vs State of Chhattisgarh

Tularam Dhimar Vs Lalit Dhimar

Raipur Municipal Corporation Vs Assistant Privident Fund Commissioner And Recovery Officer

Smt. Khushabu Mishra Vs Manish Mishra

T. Laxmi Vs Ramsingh