SURAJ PRAKASH Vs. NEERAJ KUMAR

JUDGEMENT

(1.) This petition has been filed seeking transfer of the suit, being CS No. 800/2021 titled Suraj Prakash v. Neeraj Kumar and Ors., pending in the Court of the learned Additional District Judge-05, Central, Tis Hazari Courts, Delhi to the Court of the learned District Judge (Commercial Court), Central, Tis Hazari Courts, Delhi. The said suit has been filed by the petitioner herein seeking specific performance of an agreement to sell dtd. 19/1/2023, along with other reliefs.

(2.) The defendant nos.3 and 4/the respondent no. 4 and 5 herein filed an application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') seeking dismissal of the suit on the ground that the suit raises a 'Commercial Dispute' within the meaning of Sec. 2(1)(c) of the Commercial Courts Act, 2015 (hereinafter referred to as 'CC Act') and, therefore, was triable exclusively by a Commercial Court. The petitioner has filed the present petition acceding to this objection of the respondent nos.4 and 5, and praying for the transfer of the suit to the concerned Commercial Court.

(3.) At the outset, the learned counsel for the petitioner submits that though petition professes to have been filed under Sec. 15(5) of the CC Act, as the said provision is not applicable in the facts of the present case, it should be treated as an application filed under Sec. 24 of the CPC.