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2019 Supreme(Guj) 1130

A.J.SHASTRI
Daimler Chrysler India Private Limited – Appellant
Versus
Kloeckner Desma Machinery Pvt. Ltd. – Respondent


Advocate Appeared:
For the Appellant :S.N. Soparkar, Senior Advocate, Bijal Chhatrapati and Tabish Samdani, Advocates for J. Sagar Associates
For the Respondents: J.F. Mehta and Zubin F. Bharda

JUDGMENT :

A.J. Shastri, J.

1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 is filed for the purpose of seeking following reliefs:

    "7. (A) to call for the record and proceedings of Suit No. 411 of 2011 pending in the Ahmedabad City Civil Court at Ahmedabad and more particularly Application dated 26.08.2013 at Exhibit 56 and quash and set aside the judgment and order dated 07.05.2016 passed below the said Application dated 26.08.2013 at Exhibit 56 and allow the same.

(B) to stay pending the hearing and final disposal of the present Civil Revision Application further proceedings of Suit No. 411 of 2011 pending in the City Civil Court at Ahmedabad;

(C) to provide for the costs of the present Civil Revision Application, and

(D) to grant such other further reliefs as this Hon'ble Court deems just and proper in the facts and circumstances of the present case."

2. The case of the petitioner - original defendant No. 1 is that present respondent No. 1 - company i.e. M/s. Kloeckner Desma Machinery Private Limited had purchased a Mercedes Benz car on 16.03.2007 from respondent No. 3 who was, at the relevant point of time, Authorized Dealer of the pre

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