Shrishail Rana S/O Shri Pawan Kumar Rana Vs Balveer Kumar Choradia, S/O Late Shri Birdhichand Choradia — Rajasthan HC (2025) — LawSathi Research

Shrishail Rana S/O Shri Pawan Kumar Rana Vs Balveer Kumar Choradia, S/O Late Shri Birdhichand Choradia — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed; impugned order dated 20.02.2025 set aside; respondent-plaintiff bound to produce Mr. Aditya Choradia before the Commercial Court on the next date or date fixed, failing which the Commercial Court shall issue summons to record his statement; stay application and other pending applications disposed of; copy of order ordered to be sent to Commercial Court No.1, Jaipur Metropolitan-II.

Issue for consideration

Whether the writ petition should be allowed and the impugned interlocutory order dated 20.02.2025 of Commercial Court No.1, Jaipur Metropolitan-II (Civil Suit No.239/2020), which dismissed the petitioner-defendant's application under Order 16 Rule 14 CPC to summon Mr. Aditya Choradia, should be set aside.

Court's answer

In view of counsel's statements that the respondent-plaintiff agrees to produce Mr. Aditya Choradia and does not oppose the writ petition, the writ petition stands allowed and the impugned order dated 20.02.2025 is set aside.

Ratio / Principle

The respondent-plaintiff is placed under obligation to produce Mr. Aditya Choradia before the Commercial Court on the next date or the date fixed by the Commercial Court; failing which, the Commercial Court shall issue summons to him for appearance and recording of his statement.

Key takeaways

The court expressed the expectation that proceedings of the commercial suit for recovery of money (pending since 2020) shall be expedited and concluded as early as possible — an exhortation, not a binding directive on any litigant's conduct contested in this petition.obiter¶6

Detailed headnote1 paragraphs

RAJASTHAN HC (JAIPUR BENCH), Sudesh Bansal J., decided 16/10/2025 — S.B. Civil Writ Petition No. 3443/2025 — Challenge to interlocutory order dt. 20.02.2025 of Commercial Court No.1, Jaipur Metropolitan-II in Civil Suit No.239/2020 (commercial suit for recovery of money, pending since 2020), whereby the petitioner-defendant's application under Order 16 Rule 14 CPC to summon Mr. Aditya Choradia (son of respondent-plaintiff Balveer Kumar Choradia) stood dismissed — Counsel for respondent-plaintiff stated that his client undertakes to produce Mr. Aditya Choradia before the Commercial Court, does not oppose the writ petition, and is agreeable to quashing of the impugned order — On these statements, writ petition ALLOWED; impugned order SET ASIDE; respondent-plaintiff placed under obligation to produce Mr. Aditya Choradia on the next/fixed date, failing which the Commercial Court shall issue summons for recording his statement — Stay application and pending applications disposed of — Court directed copy of order to Commercial Court No.1 and urged expedition of the money-recovery suit.

[2025:RJ-JP:42463]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 3443/2025

Shrishail Rana S/o Shri Pawan Kumar Rana, Aged About 49 Years, R/o E-73, Chitranjan Marg, C-Scheme, Jaipur (Rajasthan)

----Petitioner

Versus

1. Balveer Kumar Choradia, S/o Late Shri Birdhichand Choradia, R/o B-28, New Light Colony, Tonk Road, Jaipur (Rajasthan)

1. Smt. Neetu Rana, W/o Shri Shrishail Rana, Aged About 49 Years, R/o E-73, Chitranjan Marg, C-Scheme, Jaipur (Rajasthan)

----Respondents

For Petitioner(s)	: Mr. Pulkit Arora
	Mr. Amol Vyas
For Respondent(s)	: Mr. Prahlad Sharma

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

16/10/2025

Under challenge is the interlocutory order dated 20.02.2025 passed in Civil Suit No.239/2020 by the Commercial Court No.1, Jaipur Metropolitan-II, dismissing petitioner-defendant’s application filed under Order 16 Rule 14 CPC, to summon one Mr. Aditya Choradia, who happens to be son of respondent-plaintiff.

Counsel, appearing for respondent-plaintiff states that respondent-plaintiff agrees and undertakes to produce Mr. Aditya Choradia before the Commercial Court, on next date of hearing or the date fixed by the Commercial Court, and that he does not oppose the writ petition and is agreeable to quash the impugned order as also to allow application of petitioner-defendant filed under Order 16 Rule 14 CPC.

[2025:RJ-JP:42463]

[CW-3443/2025]

(2 of 2)

In view of statements of counsel for respondent-plaintiff, instant writ petition stands allowed. The impugned order dated 20.02.2025 is hereby set aside. Respondent-plaintiff shall be under obligation to produce Mr. Aditya Choradia before the Commercial Court on the next date or the date fixed by the Commercial Court, failing which, summons shall be issued to Mr. Aditya Choradia by the Commercial Court for his appearance, to record his statements.

Stay application and pending application(s), if any, stand disposed of.

A copy of this order be sent to Commercial Court No.1, Jaipur Metropolitan-II.

In view of the fact that the commercial suit for recovery of money is pending since 2020, it is expected that proceedings of commercial suit shall be expedited and tried to be concluded, as early as possible.

(SUDESH BANSAL),J

Sachin/65