wp4598.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.4598/2011 Palekar Bakery Pvt. Ltd. -vs- Chetan Chhabildas Lathiya and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri J.J.Chandurkar, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : 04.10.2011. Heard. Perused the contents of the application filed by the petitioner for trying the suit as a regular civil suit and the prayer made therein along with the impugned order dated 19th of March, 2011 rejecting the application. It was the case of the petitioner before the trial Court that the High Court had not empowered the trial Court to try small causes suit as contemplated by Provincial Small Causes Courts Act and hence, the plaint may be returned to the plaintiff for re-registering it as regular civil suit. The trial Court on a perusal of the provisions of law and the judgments reported in 2011 (1) Mh.L.J. 399 and 2007 (1) Mh.L.J. 362 observed that mere categorization of the suit as regular civil suit or small causes civil suit was not relevant for the purpose of adjudication. The Court held that the application filed by the petitioner for return of the plaint wp4598.11.odt 2/2 was liable to be rejected. The mere nomenclature of the suit as regular civil suit would not be relevant for adjudication of the suit. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE KHUNTE