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2024 Supreme(Online)(GUJ) 23932

HIGH COURT OF GUJARAT
MRS. JUSTICE SUNITA AGARWAL, CJ, MR. JUSTICE PRANAV TRIVEDI, J
GATISWAM CREATION – Appellant
Versus
VIDHI TEXTILE – Respondent


Petitioner Advocates:S M KIKANI(7596) ,Respondent Advocate: NOTICE THROUGH RPAD NOT RECEIVED BACK

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI)

1. The present petition is preferred challenging the order dated 8.7.2024 passed by the 4th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat (hereinafter referred to as 'the learned Court' for short) in an application below Exh-9 in Commercial Civil Suit No.90 of 2024.

2. The factual matrix leading to filing of the present writ petition is that the petitioner is in business of Textile in the name of 'Gatiswam Creation'. The petitioner purchased goods worth Rs.12,78,069/- from 'Vidhi Textile' (hereinafter referred to as 'the respondent' for short) for which invoices and challans were also issued. Subsequent to the business transaction, dispute arose between the petitioner and the respondent. In view of the same, respondent filed a Civil Suit before the learned Court which came to be numbered as Commercial Civil Suit No. 90 of 2024 for seeking recovery of amount of Rs.12,78,069/-. The suit was instituted after following procedure of Pre-litigation Mediation at District Legal Services Authority at Surat. Pursuant to filing of the suit, a summons came to be issued to the defendant i.e. present petitioner

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