OZONE ELEGANT DEVELOPERS LLP Vs. ARYA FOUR SEASONS

JUDGEMENT

(1.) Heard learned Senior Counsel for the revision petitioners and also learned counsel for respondent No.1.

(2.) In this revision petition, the order dtd. 7/1/2023 passed on I.A NO.III in O.S.NO.1496/2022 by learned VIII Addl. City Civil and Sessions Judge(CCH-15), Bengaluru is challenged before this Court, whereby the trial court rejected I.A.III filed under Order VII Rule 11(d) of CPC by defendant Nos.4 to 6 and 8 to 10 and also memo filed by defendant Nos.8 to 10 under Sec. 9 of CPC seeking return of plaint.

(3.) The main contention of the learned Senior Counsel for the revision petitioners before this Court is that the suit is filed in the year 2022 and the agreement which the plaintiff seeks to enforce the same is of the year 2013 and the same is barred by limitation and apart from other grounds urged by the petitioners herein invoking Sec. 9 of CPC, he would contend that the suit is filed before the civil court and the same ought to have been filed before the Commercial Court. Learned Senior counsel for the petitioners brought to the notice of the Court the definition of Sec. 2 of The Commercial Courts Act, 2015, wherein it is brought to the notice of the Court the definition of 'commercial dispute' under Sec. 2(1) (c) which means a dispute arising out of ordinary transactions etc and brought to the notice of this Court clause (vi) with regard to 'construction and infrastructure contracts, including tenders' and so also with regard to clause (vii) regarding 'agreements relating to immovable property used exclusively in trade or commerce' and also brought to the notice of this Court clause (xi) with regard to 'joint venture agreements' and also clause (xv) with regard to 'partnership agreement'. Learned Senior Counsel also brought to the notice of this Court the relevant paragraphs of the plaint particularly paragraph No.7 wherein pleaded with regard to partnership and also entering into Joint Development Agreement of defendant Nos.1 to 3 with defendant No.4 to construct multi-storied residential and commercial complex and also brought to the notice of this Court paragraph 10, wherein there is discussion with regard to entering into Sale agreement and Construction Agreement in relation to the Schedule 'A' and 'B' properties owned by defendant Nos.4 and 5 and plaintiff intended to invest in the Composite property and have entered into Agreement to Sell dtd. 29/11/2013 and also brought to the notice of this Court to para 13, wherein, he has pleaded under the Construction Agreement which defendant No.1 had entered into with the plaintiff to engage the plaintiff's services for constructing the basic structure of the project and also brought to the notice of this Court the prayer sought in the suit.