True Fit Engineering Private Ltd. Thr. The Managing Director Shri. Sudahakar K. Bangera v. Manoj Trading Company, Through Bhavarilal @ Bhawarlal Mor

55-wp-480-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 480 of 2020 True Fit Engineering Private Limited through the Managing Director Shri Sudhakar K. Bangera

Versus

Manoj Trading Company Partnership firm through Mahendra S/o Bhavarilal @ Bhawarlal Mor Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. J.R.Damodar, Advocate h/f Shri A.S.Londhe, Advocate for the petitioner Ms. A.S.Sharma, Advocate h/f Shri J.M.Gandhi, Advocate for the respondent.

CORAM : ANIL S. KILOR, J.

DATED : 23rd JANUARY, 2023.

In this writ petition, the order below Exh.12 dated 23rd September, 2019 passed by the learned 7th Joint Civil Judge, (Junior Division), Akola in Regular Civil Suit No. 369 of 2016 rejecting the application Exh.12 is under challenge.

2.

After going through the impugned order and the provisions of Section 9-A of the Code of Civil Procedure which was subsequently deleted by the ordinance of amendment 2018, it is clear that on the SKNair

55-wp-480-20.odt date of filing of application Exh.12, there was no interim application pending filed by the plaintiff. 3.

In the circumstances, the learned trial Court has rightly recorded that the application under Section 9-A of Code of Civil Procedure is not maintainable. 4.

In that view of the matter, I do not find any merit in the present petition. Accordingly, the writ petition is dismissed.

5.

The learned trial Court is directed to expedite the trial at the earliest.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2023.02.01 18:41:37 +0530 SACHINDANAND K NAIR SKNair