Allowed

Rana Project International Limited v. Gayatri Polymers and Geosynthetics

Gujarat HC13 Jun 2018SCA/13713/2009

Case brief

AI extract

What is this about?

Petitioner sought withdrawal of a special civil application challenging a trial court order regarding jurisdiction. Court permitted withdrawal subject to the petitioner filing a leave to defend within 30 days. Petition disposed of, rule discharged, and interim relief vacated.

What did the court decide?

Petition permitted to be withdrawn; leave to defend may be filed within 30 days; rule discharged; interim relief vacated.

Rana Project International Limited Vs Gayatri… — Civil Procedure and Limitation | Gujarat HC (2018)

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C/SCA/13713/2009 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 13713 of 2009

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RANA PROJECT INTERNATIONAL LIMITED

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Versus

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GAYATRI POLYMERS AND GEOSYNTHETICS

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Appearance:

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MR P P MAJMUDAR(5284) for the PETITIONER(s) No. 1 MR SP MAJMUDAR(3456) for the PETITIONER(s) No. 1 MR SS TRIVEDI(3514) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV

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Date : 13/06/2018

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ORAL ORDER

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1.This petition was filed challenging the order
of the Trial Court, mainly contending that the
order was contrary to the notification dated
02.02.1981 by which the jurisdiction of other
Courts under order XXXVII of Code of Civil
Procedure, 1908 is restricted only to suit based
on bills of exchange, hundies and promissory
notes.

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2.Mr. Hardik Karathiya, states that in view of
the fact that the said notification is withdrawn,
he seeks leave to withdraw the petition. Mr.
Karathiya further states that he may be permitted
to file leave to defend before the learned Trial
Court within a period of 30 days from the receipt
of the certified copy of this order.

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Page 1 of 2

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C/SCA/13713/2009 ORDER

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3. In view of the aforesaid submission, the
petition is permitted to be withdrawn, however,
it will be open for the petitioner to file leave
to defend before the concerned Civil Judge,
Vadodara in Special(summary) Suit No. 373 of 2008
within a period of 30 days from the date of
receipt of the certified copy of this order. With
the aforesaid observation, the petition is
disposed of. Rule is discharged. Interim relief
stands vacated. Direct service of this order is
permitted.

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(BIREN VAISHNAV, J)

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N.V.MEWADA

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Page 2 of 2

Rana Project International Limited v. Gayatri Polymers and Geosynthetics

Case brief

What is this about?

What did the court decide?

Rana Project International Limited v. Gayatri Polymers and Geosynthetics

Case brief

What is this about?

What did the court decide?

What the court decided

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