Authority: High Court of Gujarat at Ahmedabad
Order Date: 16 July 2026
Case Overview
- Parties: Applicant – M/S Rakesh Trailer Service; Respondents – GIR Movers Pvt. Ltd. and an additional respondent (ANR).
- Nature of proceeding: Civil application for transfer (R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1733 of 2026) seeking to approach the trial court either under Order VII Rule 10 of the CPC or to withdraw the suit and re‑file before the Commercial Court, Ahmedabad.
- Counsel: Mr. Ajaysingh J. Negi appeared for the applicant.
- The applicant, under instruction from its client, decided not to press the present transfer application and instead sought permission to pursue alternative procedural routes.
Final Outcome
- The Court granted the permission sought by the applicant to either file an application under Order VII Rule 10 of the CPC or withdraw the suit and re‑file before the Commercial Court, Ahmedabad.
- The applicant is free to file an appropriate application before the Commercial Court, Vadodara, concerning the pending commercial suit.
- The Court clarified that it has not examined the merits of the underlying dispute.
- The transfer application is disposed of as not pressed.
Topics: Civil Procedure, Court Order