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Bombay High CourtRPC/12/2017rejected

Shri. Tradco India Pvt. Ltd. v. M/S Vijaya Enterprises

2017-09-22Hon'Ble Shri Justice Nitin Jamdar2 pages

1 3 RPC 12-17 in CRA 771-15.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 12 OF 2017 in CIVIL REVISION APPLICATION NO. 771 OF 2015 M/s.Shri Tradco India Pvt. Ltd.

.. Petitioner / Applicant Vs M/s.Vijaya Enterprises.

.. Respondent Mr.Rishikesh Mohite i/b Rakesh Reddy, for the Petitioner. None for the Respondent.

CORAM : N.M.JAMDAR, J.

Date : September 22, 2017.

P.C. :

This Review Petition is filed in respect of the order passed on 26 September 2016, which was passed in the Civil Revision Application wherein the Applicant had challenged the rejection of the Application under Order 7 Rule 11 of the Code of Civil Procedure. After considering the submissions made by the learned counsel for the Applicant in detail, the Court had come to the conclusion that no jurisdictional error was committed by the learned Civil Judge in holding that the plaint could not have been rejected at that stage and the matter will require a full-fledged trial. A

2 3 RPC 12-17 in CRA 771-15.doc clarification was given that the suit will be decided on its own merits. No ground is made out to review the order.

Review Petition is accordingly rejected.

N.M.JAMDAR, J.