BHASKAR NAIDU Vs. ARAVIND YADAV

JUDGEMENT

(1.) This writ petition is filed by the defendant under Article 227 of the Constitution of India, challenging the order dtd. 23/2/2024 passed by LXXXIII Additional City Civil and Sessions Judge, Bengaluru in Com.O.S. No.277/2023, whereby the application filed by the defendant under Order VII Rule 10 is rejected.

(2.) The plaintiff filed a suit for recovery of money on the basis of the agreement dtd. 9/10/2020. On the service of summons, defendant appeared through counsel and filed the written statement and also filed an application under Order VII Rule 10 of CPC for return of the plaint on the ground that suit is not maintainable before the Commercial Court since it is not a commercial dispute. By the impugned order, the said application came to be rejected. Being aggrieved by the same, the defendant is before this Court.

(3.) The learned Senior Counsel appearing for the petitioner contended that the petitioner/defendant is a shareholder of the company, the respondent/plaintiff is a third party. There was an agreement between the petitioner and the respondent for the purpose of sale of shares belonging to the petitioner. The agreement dtd. 9/10/2020 is only a Share Purchase Agreement and it is not a Shareholder Agreement. Therefore, the suit is not maintainable before the Commercial Court.