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2025 DAILYLAW 49305 (RAJ)

M/S STERLING AND WILSON LIMITED v. WORLD TRADE PARK LIMITED

CW/15540/2025 · 2025-11-19

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:46744] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15540/2025 M/s Sterling and Wilson Limited, Registered Office B-2, Busa Udyog Bhawan, Sevri-West, Mumbai (Maharastra) Through Authorized Representative Shri Prem Prakash Mathur (At Present Through Authorized Representative Shri Chandu Lal Saini S/o Shri Ghurmal Saini, aged about 40 Years, Resident Of 1044, Rani Sati Nagar, Nirman Nagar, Jaipur-302019 Working As Dy. General Manager Service And Maintenance) ----Petitioner Versus World Trade Park Limited, (Wrongly Mentioned As R.F. Properties And Trading Company In The Impunged Order) Through Its Director Shri Anoop Baratriya, Registered Office 215, Laxmi Plaza Laxmi Indu State, New Link Road, Andheri West, Mumbai (Maharastra) And Office At World Trade Park, Jawahar Lal Nehru Marg, Jaipur (Raj.) ----Respondent For Petitioner(s) : Mr. Shailesh Prakash Sharma with Mr. Manan Sharma For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 19/11/2025 1. The present writ petition has been filed by the petitioner, assailing the order dated 25.08.2025 passed by the Commercial Court No.4, Jaipur Metropolitan-II, whereby the petitioner’s application filed under Order 11 Rule 14 of the Code of Civil Procedure, 1908 (CPC) was rejected on the ground that the prerequisites of Order 11 Rule 14 of the CPC were not fulfilled before moving the application. [2025:RJ-JP:46744] (2 of 2) [CW-15540/2025] 2. Learned counsel for the petitioner, upon instructions of his client, seeks permission to withdraw this writ petition with liberty to move an application before the learned Trial Court under Order 11 Rule 14 of the CPC after completing the prerequisites as required under Order 11 Rule 14. 3. Heard 4. Permission sought for is granted. 5. Accordingly, the present writ petition is dismissed as withdrawn, with the liberty as prayed for. 6. However, it is made clear that if the subsequent application is filed before the learned Court below after completion of the prerequisites of Order 11 Rule 14 of the CPC, the learned Trial Court will decide the same in accordance with law, without being influenced by the impugned order dated 25.08.2025. 7. All other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J SOURAV /78