ORAL JUDGMENT

1. Rule returnable forthwith. Learned advocate Mr. Gaurang Gohel waives service of notice of rule for and on behalf of the opponent.

2. This application is filed under Section 24 of the Code of Civil Procedure, 1908 by the applicant–original plaintiff to transfer Summary Civil Suit No.1454 of 2022 (Old Summary Suit No.2579 of 2012 and Old Commercial Suit No.214 of 2021(SMST 1454 of 2022) filed by the applicant against D.S. Enterprise pending before Court No.3, Small Causes Court, Ahmedabad to the City Civil Court at Ahmedabad.

3. Learned advocate Mr. Parth Saluja appearing for the applicant submits that applicant-Sugam Construction Pvt. Ltd. is a company incorporated under the provisions of Companies Act, having its registered ofÏce at the address mentioned in the cause title, engaged in the business of building contractor. Initially, Shri Ushakant Patel, Shri Bhailalbhai Patel and Shri Dipen Patel were appointed as the Directors of the Company amongst which, Shri Ushakant Patel and his son Shri Dipen Patel were managing the day to day affairs of the applicant- Company and were in complete control of the applicant- Company. He submits that later it came to the knowledge