PRAMOD KUMAR Vs. GANNON DUNKERLEY AND CO. LTD.

JUDGEMENT

(1.) The present Appeal, preferred under Sec. 13 of the Commercial Courts Act, 2015 [hereinafter referred to as 'CC Act'], challenges the judgment and decree dtd. 30/4/2024 [hereinafter referred to as 'Impugned Judgment'] passed by the Commercial Court, whereby the Commercial Court dismissed the Appellant's suit for recovery, holding that the dispute did not qualify as a "commercial dispute" under Sec. 2(1)(c) of the CC Act.

(2.) The Appellant is before this Court on a limited legal grievance i.e., that even if the Commercial Court correctly identified the dispute as non-commercial, it erred in law by dismissing the suit instead of returning the plaint under Order VII Rule 10 of the Code of Civil Procedure, 1908 [hereinafter referred to as 'CPC'] for presentation before the appropriate non-commercial forum.

(3.) The Appellant was appointed as a Junior Engineer with the Respondent-company vide an appointment letter dtd. 31/8/1992. After successfully completing a one-year probation period, his services were confirmed. Over a long and dedicated tenure spanning more than 27 years, the Appellant rose through the ranks to the position of Deputy General Manager (Civil).