High Court at Jodhpur disposed of a writ petition seeking deletion of petitioner names from a suit. The Court directed the Commercial Court to decide the application under Order 1 Rule 10(2) of CPC afresh after a prior Division Bench quashed the impugned order on arbitration grounds.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 3339/2019
Versus
----Respondents
| For Petitioner(s) | : Mr. Ashish Khurana on VC a/w Ms. |
|---|---|
| Urmila Chauhan | |
| For Respondent(s) | : Mr. Prateek Gattani |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
(2 of 3)
[CW-3339/2019]
16/12/2021
The petitioner preferred present petition claiming the following prayer:-
“It is, therefore, prayed that this Hon'ble Court will be pleased to set aside the impugned order dated 15.11.2018 passed by Shri Anwar Ahmed, Commercial Court, Jodhpur in the suit no.09 of 2018 and delete the names of the Directors and Shareholders petitioners herein from array of parties and dismiss the suit against them.”
At the outset, learned counsel for the petitioner submits that the bone of contention is his application under Order 1 Rule 10 (2) of CPC, which has already been decided vide order dated 15.11.2018.
Learned counsel for the respondent has pointed out that the Hon’ble Division Bench of this Court in D.B. Civil Misc. Appeal No.250/2019, decided on 10.03.2021 has already quashed the impugned order dated 15.11.2018 passed by the learned Commercial Court, Jodhpur.
Learned counsel for the petitioner admits that though the order dated 15.11.2018 has been quashed as pointed out by learned counsel for the respondent, but the issue before the Hon’ble Division Bench was pertaining to the Arbitration and Conciliation Act, 1996 whereas the issue raised in the present petition is pertaining to Order 1 Rule 10(2) of CPC.
In light of such submissions, the present writ petition is disposed of while directing the learned Commercial Court, Jodhpur to consider the order dated 15.11.2018 as already quashed by Hon'ble Division Bench of this Court and decide the issue of Order
(3 of 3)
[CW-3339/2019]
1 Rule 10(2) of CPC raised by the petitioner afresh alongwith the other issues.
Stay petition as well as all pending applications also stand disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
155-Sudheer/-
1 issue framed by the court
Whether the learned Commercial Court should decide the petitioners' application under Order 1 Rule 10(2) of CPC afresh after a Division Bench quashed the previous order.
2 provisions across 2 enactments
Dwarka Das Lakhotia
Shri Prem Narain Varshney
Shri Udit Rathi
Shree Kumar Daga
Shri Shyam S. Bgeshara
Akanksha Garg
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
