V. SUNIL KUMAR Vs. OMKAR AGENCIES

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 19/7/2022 passed on I.A.No.7 in O.S.No.182/2022 on the file of IV Addl.District and Sessions Judge (Commercial Court) at Ballari whereby the aforesaid application filed by the petitioner- defendant No.2 under Order VII Rule 11 C.P.C. was rejected by the trial Court.

(2.) Heard learned counsel for the petitioner and learned counsel for respondents and perused the material on record.

(3.) The material on record discloses that respondent No.1-plaintiff instituted the aforesaid suit against the petitioner-defendant No.2 and respondent No.2-defendant No.1 for recovery of a sum of Rs.3,70,00,000.00 together with interest and for other reliefs. The said suit is being contested by the defendants. During the pendency of the suit, petitioner moved the instant application seeking rejection of the plaint under Order VII Rule 11 C.P.C. read with Sec. 2(1)(c) of the Commercial Courts Act, 2015 (for short, the 'Act of 2015) interalia contending that the dispute between the parties is not a commercial dispute within the meaning of Sec. 2(1)(c) of the said Act of 2015 and consequently, the plaint is liable to be rejected. The said application having been contested by the respondents, the trial Court proceeded to pass the impugned order rejecting I.A.No.8, aggrieved by which, the petitioner is before this Court by way of present petition.