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2025 DAILYLAW 47895 (RAJ)

SHRISHAIL RANA S/O SHRI PAWAN KUMAR RANA v. BALVEER KUMAR CHORADIA, S/O LATE SHRI BIRDHICHAND CHORADIA

CW/3443/2025 · 2025-10-16

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:42463] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3443/2025 Shrishail Rana S/o Shri Pawan Kumar Rana, Aged About 49 Years, R/o E-73, Chitranjan Marg, C-Scheme, Jaipur (Rajasthan) ----Petitioner Versus 1. Balveer Kumar Choradia, S/o Late Shri Birdhichand Choradia, R/o B-28, New Light Colony, Tonk Road, Jaipur (Rajasthan) 2. Smt. Neetu Rana, W/o Shri Shrishail Rana, Aged About 49 Years, R/o E-73, Chitranjan Marg, C-Scheme, Jaipur (Rajasthan) ----Respondents For Petitioner(s) : Mr. Pulkit Arora Mr. Amol Vyas For Respondent(s) : Mr. Prahlad Sharma HON'BLE MR. JUSTICE SUDESH BANSAL Order 16/10/2025 1. Under challenge is the interlocutory order dated 20.02.2025 passed in Civil Suit No.239/2020 by the Commercial Court No.1, Jaipur Metropolitan-II, dismissing petitioner-defendant’s application filed under Order 16 Rule 14 CPC, to summon one Mr. Aditya Choradia, who happens to be son of respondent-plaintiff. 2. Counsel, appearing for respondent-plaintiff states that respondent-plaintiff agrees and undertakes to produce Mr. Aditya Choradia before the Commercial Court, on next date of hearing or the date fixed by the Commercial Court, and that he does not oppose the writ petition and is agreeable to quash the impugned order as also to allow application of petitioner-defendant filed under Order 16 Rule 14 CPC. [2025:RJ-JP:42463] (2 of 2) [CW-3443/2025] 3. In view of statements of counsel for respondent-plaintiff, instant writ petition stands allowed. The impugned order dated 20.02.2025 is hereby set aside. Respondent-plaintiff shall be under obligation to produce Mr. Aditya Choradia before the Commercial Court on the next date or the date fixed by the Commercial Court, failing which, summons shall be issued to Mr. Aditya Choradia by the Commercial Court for his appearance, to record his statements. 4. Stay application and pending application(s), if any, stand disposed of. 5. A copy of this order be sent to Commercial Court No.1, Jaipur Metropolitan-II. 6. In view of the fact that the commercial suit for recovery of money is pending since 2020, it is expected that proceedings of commercial suit shall be expedited and tried to be concluded, as early as possible. (SUDESH BANSAL),J Sachin/65