HINDUSTAN PETROLEUM CORPORATION Vs. MUHAMMED ILLIYAS

JUDGEMENT

(1.) M/s.Hindustan Petroleum Corporation Ltd has filed this Transfer Petition challenging Ext.P3 order of the Munsiff's court, Perumbavooor in I.A. No.5 of 2021 in O.S. No.407 of 2017. It is a petition filed under Sec. 15(2) of the Commercial Courts Act, 2015 (for short 'the Act') read with Sec. 151 of Code of Civil Procedure to transfer a suit to the Commercial Court. The learned Munsiff, by Ext.P3 order dismissed petition holding that the dispute involved in the suit will not come under the purview of Sec. 2(c)(vii) of the Act.

(2.) Respondent Nos.1 to 6 filed O.S. No.407 of 2017 before the Musniff's Court, Perumbavoor for a decree declaring the termination of lease and recovery of possession of the lease and to direct the defendants to give vacant possession of the plaint 'A' and 'B' schedule properties to the plaintiffs and for a mandatory injunction decree to remove the underground fuel tanks, fuel discharging purpose and such other structures erected by the defendants in the plaint schedule property. The damage at the rate of Rs.13,817.00 per month for the unauthorized use and occupation of the plaint 'A' schedule and damages at the rate of Rs.12,468.00 per month for unauthorized use and occupation of the plaint 'B' schedule property was also sought for. A permanent prohibitory injunction for transferring or assigning the above said 31.755 cents of property to a third party was one of the reliefs claimed in the plaint.

(3.) The petitioner herein filed I.A.No.5 of 2021 to transfer the suit to the Commercial court of the District in accordance with Sec. 15(2) of the Act, 2015. The learned Munsiff after hearing parties passed Ext.P3 declining to transfer the suit to the Commercial court.