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ASHUTOSH SHASTRI, J. C. DOSHI
Nirma Limited – Appellant
Versus
Jai Agencies – Respondent
ORDER ;
(Ashutosh Shastri, J.)
1. By way of this application under Article 227 of the Constitution of India, the petitioner-original plaintiff has challenged the legality and validity of the order passed by the learned Commercial Court, City Civil Court at Ahmedabad dated 22nd December, 2022 in Commercial Civil Suit No.625 of 2020 and asked for consequential relief. The reliefs, as sought for in the present petition, are as under;
(b) Pending admission and final hearing of the present Petition, this Hon’ble Court be pleased to stay the proceedings of Commercial Civil Suit No.625 of 2020 pending before the Ld. Commercial Court, City Civil Court at Ahmedabad;
(c) Ex parte ad interim and/or interim relief in terms of prayer 5(b) be granted; and
(d) Such other and further orders as may be considered fit and expedient in the fact
The judgment emphasizes the importance of substantial justice over technical considerations and highlights the need to consider the circumstances and record of the case before concluding on a party's....
The main legal point established in the judgment is that a Commercial Court cannot permit a party to lead fresh evidence after the matter is posted for arguments if the procedural requirements under ....
The court affirmed that documents not disclosed with the written statement in commercial cases cannot be admitted, but contradictory decisions on evidence closure were ruled unsustainable.
Order XXIII Rule 1 of the Civil Procedure Code gives the plaintiff an absolute right to withdraw the suit, and once the suit is sought to be withdrawn, the petitioner has no right to challenge the im....
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