TEFILAH INFRASTRUCTURE PVT. LTD. Vs. BALWINDER SINGH BAGARY

JUDGEMENT

(1.) The petitioners/defendants in Commercial O.S.No.787 of 2022 pending before the LXXXIII Additional City Civil and Sessions Judge at Bangalore are at the doors of this Court calling in question an order dtd. 28/3/2023, by which the concerned Court dismisses I.A.No.III filed by the petitioner under Order 7 Rule 10 r/w Sec. 16 of the CPC, seeking to return the plaint to be re-presented before the competent civil Court on the score that the Commercial Court does not have jurisdiction, as the issue before the Court was not a commercial dispute.

(2.) Heard Sri Yashir Ali, learned counsel appearing for the petitioners and Shri Shrishail Navalgund, learned counsel appearing for respondent.

(3.) Facts, in brief, germane are as follows: -