Prestige Commotrade Private Limited vs. S.R. Health Care Service PVT. LTD.
Held
The High Court acknowledged that the civil suit, bearing No. 15A/2020, was filed on March 2, 2020, and registered on March 7, 2020. Taking into consideration the time elapsed since the filing of the suit, the Court found it appropriate to issue a direction to the learned trial court. Accordingly, the trial court was directed to expedite the proceedings of Civil Suit No. 15A/2020 and conclude the same within a period of three months from the date of the order. The petition was disposed of with these observations. No specific issue regarding GST provisions was decided, as the core of the petition was about the procedural delay in the civil suit.
Facts
The petitioner, Prestige Commotrade Private Limited, filed a civil suit against the respondents (S.R. Health Care Service Pvt. Ltd. and others) on March 2, 2020. The suit, registered as Civil Suit No. 15A/2020 before the 2nd Additional District Judge, Durg, Chhattisgarh, seeks eviction, recovery of rent, and permissible GST. The petitioner approached the High Court of Chhattisgarh, Bilaspur, via a writ petition (WP227 No. 590 of 2023) alleging a lack of substantial progress in the civil suit since its institution on March 7, 2020. The petitioner sought a direction for the expeditious conclusion of the trial.
Key Issues
1. Whether the High Court should direct the trial court to expedite the proceedings of Civil Suit No. 15A/2020, considering the delay in its conclusion. Petitioner's Contention: The petitioner argued that the civil suit, filed on March 2, 2020, and registered on March 7, 2020, before the learned 2nd Additional District Judge, Durg, had not seen substantial progress. They sought a direction from the High Court to expedite the trial and conclude it within a stipulated timeframe. Revenue/State's Contention: The judgment does not record any specific arguments or contentions from the revenue or state. The respondents are defendants in the civil suit, and their stance in the writ petition is not detailed.
AI-generated summary — verify with the full judgment below
-1- NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 590 of 2023
Prestige Commotrade Private Limited Registered Office 73 Burtola “S.T. Kolkata West Bengal, India Pin Code 700007/ through its Director Sunil Kumar Srishrimal (Jain) Age 59 Years S/o Mohan Lal Srishrimal R/o 122 Apapura Durg, Tehsil and District- Durg Chhattisgarh. Plaintiff ---- Petitioner Versus
S.R. Health Care Service Pvt. Ltd. Registered Office Village Chikhali Tehsil and District- Durg, Chhattisgarh District- Durg, Chhattisgarh.
S.R. Health Service Pvt. Ltd. through Director/ Authorized Dr. Sheetal Yadav S/o Nandlal Yadav, Address Chikhali Tehsil and District- Durg Chhattisgarh/ Other Address Surya Vihar Colony Unwani Junwani Bhilai Tehsil and District- Durg Chhattisgarh.
Sanjay Tiwari S/o Late Sudhakar Tiwari Aged About 39 Years, R/o Link Road Camp-2 Bhilai Tehsil and District- Durg Chhattisgarh. Defendants ----Respondent (Cause-title taken from Case Information System) For Petitioner – Mr. Avinash Chand Sahu, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 26-07-2023
Learned counsel for the petitioner would submit that a civil suit has been filed by the petitio
The judgment continues below.
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