High Court of Gujarat

M/S RAKESH TRAILOR SERVICEversusGIR MOVERS PVT. LTD.

Disposal: 36-MCA DISPOSED OF
Bench: MAULIK SHELAT

Holding

The Court granted permission to withdraw the suit and re‑file it, without examining the merits of the case.

Summary

M/S Rakesh Trailer Service applied to the Gujarat High Court seeking permission to withdraw its pending commercial suit and re‑file it before the Commercial Court, Ahmedabad, alternatively to approach the trial court under Order VII Rule 10 of the CPC. The applicant’s counsel, on the client’s instruction, chose not to press the application further. The Court granted the requested permission, stating that the applicant may file an appropriate application before the Commercial Court, Vadodara, in the pending suit and that an order will be passed after hearing the parties. The Court expressly noted that it did not consider the merits of the underlying dispute. Consequently, the application was disposed of as not pressed.

Issues considered

Whether the High Court can grant permission to withdraw a suit and re‑file it in another Commercial Court under CPC provisions.
Whether the applicant may approach the trial court under Order VII Rule 10 of the CPC for such withdrawal.

Legislation cited

Code of Civil Procedure, 1908s. Order VII Rule 10

Subjects

withdrawal of suitre‑filing of suitCivil Procedure CodeOrder VII Rule 10commercial court jurisdictiontransfer of suit

Judgment

     C/MCA/1733/2026                        ORDER DATED: 16/07/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1733 of 2026
=============================================
                M/S RAKESH TRAILOR SERVICE
                           Versus
                GIR MOVERS PVT. LTD. & ANR.
=============================================
Appearance:
MR AJAYSINGH J NEGI(10120) for the Applicant(s) No. 1
=============================================
 CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                       Date : 16/07/2026
                        ORAL ORDER

1.    Heard Mr.Ajaysingh Negi, learned advocate for the
applicant.

2.    After arguing for some time, under the instruction of his
client, Mr.Negi, learned advocate, does not press the present
application with a view to approach the trial court by filing an
application either under Order VII Rule 10 of the CPC or
seeking withdrawal of the suit with the liberty to file afresh
before the Commercial Court, Ahmedabad.

3.    The permission as sought for is granted.

4.    It is open for the applicant to file an appropriate
application before the Commercial Court, Vadodara in the
pending commercial suit in question. As and when such
application will be received, an appropriate order will be
passed after giving an opportunity of hearing to all parties
concerned, in accordance with law.

5.    It is made clear that this court has neither gone into nor
examined the merits of the matter.


                            Page 1 of 2
          C/MCA/1733/2026                                                                ORDER DATED: 16/07/2026




  6.         The present application is disposed of, as not pressed.


                                                                                 (MAULIK J. SHELAT, J)
  GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 16/07/2026 17:53:34




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