Allowed

Food Corporation of India v. Raghuveer Singh

Rajasthan HC20 Nov 2023CFA/526/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan Jodhpur allowed an application under Section 151 CPC. The Court treated the Civil First Appeal as a Division Bench Civil Miscellaneous Appeal under Section 13(1)(A) of the Commercial Courts Act, 2015, directed listing appropriately, noting the respondent had no objection.

What did the court decide?

The application under Section 151 CPC was allowed. The First Appeal is treated as a Division Bench Civil Miscellaneous Appeal and listed appropriately.

Food Corporation of India Vs Raghuveer Singh — Civil Procedure and Limitation | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

¶2

S.B. Civil First Appeal No. 526/2019

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Food Corporation Of India

¶4

----Appellant

¶5

Versus

¶6

Raghuveer Singh

¶7

----Respondent

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For Appellant(s)	: Mr. Nitin Prakash Trivedi
	Mr. A.R. Choudhary
For Respondent(s)	: Mr. Gyan Jyoti
	Mr. Nes Gupta

¶9

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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20/11/2023

¶12

Heard learned counsel for the parties on I.A. No. 1/2023 under Section 151 of CPC for treating the present Civil First Appeal as Civil Misc. Appeal under the provisions of Section 13(1) (A) of Commercial Courts Act, 2015, as amended by the Act of 2018.

¶13

Learned counsel for the appellant submits that the registry has pointed out the defect that the present First Appeal is not maintainable as the impugned judgment and decree has been passed by the Commercial Court and as per the provisions of Section 13(1)(A) of the Commercial Courts Act, 2015, a Civil Misc. Appeal lies before the Division Bench. Thus, it is prayed that the present Civil First Appeal may be treated as a D.B. Civil Misc. Appeal and the same may be listed before Division Bench.

¶14

Learned counsel appearing for the respondent has no objection.

¶15

(2 of 2) [CFA-526/2019]

¶16

Having regard to the facts and circumstances of the case, the application under Section 151 of the CPC is allowed. The present First Appeal is treated as D.B. Civil Misc. Appeal.

¶17

Office is directed to list it appropriately.

¶18

(MADAN GOPAL VYAS),J

¶19

31-Dinesh/-

Food Corporation of India v. Raghuveer Singh

Case brief

What is this about?

What did the court decide?

Food Corporation of India v. Raghuveer Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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