Kirtibhai Chandubhai Patel v. Ahmedabad Peoples Co-Op. Bank Limited
2017-06-30
B.N.KARIA, M.R.SHAH
body2017
DigiLaw.ai
ORDER : M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned order passed by the learned Commercial Court, Ahmedabad dated 25.4.2017 passed below Ex.26 in Commercial Civil Suit No. 39 of 2016, by which the learned Commercial Court/City Civil Court, Ahmedabad has dismissed/rejected the said application submitted by the petitioners-original defendants requesting to reject the plaint under Order 7 rule 11(d) of the Code of Civil Procedure, original defendants have preferred the present Special Civil Application under Article 226/227 of the Constitution of India. 2. After making some submissions, Mr. S.N. Soparkar, learned counsel appearing on behalf of the petitioners does not press the present petition and seeks permission to withdraw the same. However, has requested to make suitable observation that all the findings recorded by the learned Commercial court recorded while passing the impugned order are tentative while deciding application under Order 7 Rule 11(d) of the Code of Civil Procedure and the learned Commercial Court to decide and dispose of the suit in accordance with law and on merits and all the contentions/defences which may be available to the respective parties are kept open including the question with respect to limitation. 3. The prayer is not opposed by the learned advocate appearing on behalf of the original plaintiff. 4. In view of the above, present Special Civil Application stands dismissed as not pressed/ withdrawn. It is observed that the findings recorded by the learned Commercial Court while passing the impugned order are tentative while deciding application under Order 7 Rule 11(d) of the Code of Civil Procedure and the learned Commercial Court to decide and dispose of the Suit in accordance with law and on merits and all the contentions and defences which may be available to the respective parties, including the issue with respect to the limitation are kept open to be considered by the learned Commercial Court in accordance with law and on merits and on the basis of the evidence which may be led. 5. With this present Special Civil Application stands dismissed as withdrawn. No costs.