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2016 Supreme(Guj) 1202

M.R.SHAH, A.S.SUPEHIA
Ujwala Raje Gaekwar – Appellant
Versus
Hemaben Achyut Shah – Respondent


Advocates Appeared:
For the Appellant :Salil M. Thakore, Advocate.
For the Respondents: Dipen C. Shah, Caveator.

JUDGMENT :

M.R. Shah, J.

1. Present application has been preferred by the applicant herein-original defendant No. 1 for an appropriate order in exercise of powers under sub-section (5) of Section 15 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as "Commercial Courts Act") for withdrawal of Special Civil Suit No. 533/2011 from the Civil Court, Vadodara and transfer it to the Commercial Court, Vadodara. The applicant herein-original defendant No. 1 has also prayed to quash and set aside the impugned order dated 28.06.2016 passed below Exh. 86 by the learned 15th Additional Senior Civil Judge, Vadodara (hereinafter referred to as "trial Court") in Special Civil Suit No. 533/2011 by which on an application preferred by the applicant herein-original defendant No. 1, the learned trial Court has refused to transfer the said Special Civil Suit No. 533/2011 to the Commercial Court, Vadodara.

2. Facts leading to the present application in nut-shell are as under:

[2.1] That the applicant claims to be the granddaughter of Princess Kamladevi Gaekwar who passed away intestate on 02.02.1992. According to the applicant
































































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