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SCA/7929/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7929 of 2008
========================================================
SHREE
MARUTI COURIER SERVICES PVT LTD - Petitioner(s)
Versus
HARJIBHAI
RAJABHAI KUCHHADIYA - Respondent(s)
=========================================================
Appearance :
MR
SANJAY A MEHTA for Petitioner(s) : 1,
None for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 12/11/2008
ORAL
ORDER
1. Present
Special Civil Application is filed by the petitioner original
plaintiff under Article 227 of the Constitution of India challenging
the impugned order passed by the learned Chamber Judge, City Civil
Court No.5, Ahmedabad dated 27.9.2007 passed below Summons for
Judgment Exh. 9 in Summary Suit No. 2080 of 2006. For the alleged
dues of September-October, 2003, the petitioner original plaintiff
had filed the suit to recover the unpaid agency charges from the
defendant in the year 2006 by filing the aforesaid summary suit.
2. It
was the contention on behalf of the petitioner that respondent
original defendant was having franchiesee, which was terminated. The
petitioner-plaintiff has relied upon the account maintained by them
and the amount mentioned by them in their statement of account/ books
of account, however, the same was seriously disputed by the
defendants. Considering the rival submissions, learned Chamber Judge
has granted unconditional leave to defend the aforesaid suit by
observing that since the defendants have raised the dispute as
regards the correctness of the statement of account produced by the
plaintiff, it is difficult to appreciate the entries made by the
parties in their respective books of accounts at this stage and that
there are triable issues involved in the suit, which required
elaborate evidence to be led at the time of trial. Considering the
above, it cannot be said that the learned Chamber Judge has committed
any error or illegality which calls for interference of this Court.
Under the circumstances there is no substance in the present petition
and deserves to be dismissed and accordingly dismissed.
3. It
will be open for the petitioner to submit an appropriate application
before the learned trial Court for expeditious disposal of the suit,
if the pleadings are completed and the same may be considered by the
learned trial Court looking to its own board and old matters.
4. With
these, present Special Civil Application is dismissed.
(M.R.SHAH,J.)
kaushik
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