M/S S S PATIL ENGINEERS AND CONTRACTORS THR ITS PROPRIETOR MR SHIVAJI SAKHARAM PATIL AND S S PATIL v. THE STATE OF JHARKHAND
WPC/5921/2023 · 2026-04-02
Sri Ananda Sen
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 1630 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1630 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:9323
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(C) No.5921 of 2023
----- M/S S.S. PATIL ENGINEER'S AND CONTRACTORS, a Proprietorship Firm through its proprietor Mr. Shivaji Sakharam Patil @ S.S. Patil, aged about 53 years, S/o Late Sakharam Anna Patil, having its office at Flat No. 6, Siddhisagar Apartment, Behind Bhari Vidyapeeth, Dhankwadi, P.O. P.S. Ambagaon Khurd, Pune 411043 (Maharashtra)
… Petitioner(s). Versus International Commerce Ltd. HAVING ITS REGISTERED OFF #63, Parbati Ghosh Lane, 1st Floor, Near Jatadhari Petrol Pump, Ram Mandir, Central Avenue, Kolkata 700007, West Bengal and Corporate Office at #37/A, Srihari Apartment, 9th Main Road, R.M.V. Extension, Sadashivnagar, Banglore 560080 (Karnataka) through its Authorized Signatory Shree Kumar Lakhotia Son of Late R.L. Lakhotia, aged about 55 years (approx), Resident of Near Jatadhari Petrol Pump, Ram Mandir, Central Avenue, P.O+P.S. Kolkata, Kolkata 700007 … Respondent(s). CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : None For the Respondent : None …...... 05 /02.04.2026: No one appears on behalf of the petitioner and no one appears on behalf of the respondent. 2. This case has been listed today with the note by the Registry that this application, on the prayer made, is not maintainable. 3. The petitioner in this writ petition has prayed for the following:
“For quashing the order dated 16.09.2022 passed by Presiding Officer, Commercial Court, Dhanbad in Commercial Case No. 03/2021 whereby and whereunder the learned court dismiss the petition filed by the petitioner for recalling the order dated 13.07.2022 by which the learned Commercial Court proceeded exparte against the defendant / petitioner and further be pleased to quash the order dated 13.07.2022 by which the learned Presiding Officer, Commercial Court proceeded the case exparte against the petitioner / defendant and / or pass such further order /orders as your Lordship may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”
2026:JHHC:9323
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4. From the prayer, it is quite clear that the petitioner is challenging the order dated 16.09.2022 passed by the Presiding Officer, Commercial Court, Dhanbad in Commercial Case No. 03 of 2021 whereby the Court has dismissed the petition filed by the petitioner to recall earlier order dated 13.07.2022. Further it is clear that he has made a prayer to set-aside the order dated 13.07.2022 whereby the Presiding Officer has proceeded ex parte.
Thus, on the prayer made by the petitioner, the aforesaid order is not amenable to the jurisdiction under Article 226 of the Constitution. 5. Thus, this writ petition is not maintainable. The petitioner is at liberty to approach the appropriate Forum. 6. Accordingly, this writ petition is dismissed. (ANANDA SEN, J.) 02.04.2026 Tanuj/CP-2
Uploaded on 06.04.2026