KUSHAL LIMITED Vs. TIRUMALA TECHNOCAST PRIVATE LIMITED

JUDGEMENT

(1.) Whether the plaint of the Civil Suit instituted by the respondent- original plaintiff liable to be returned under Order VII Rule 10 of the Code of Civil Procedure, 1908 to be presented before the proper court, is the question arising for consideration. Does the suit between the parties involve a 'commercial dispute' within the meaning of Sec. 2 (1)(c) of the Commercial Court's Act, 2015 is the crux of the controversy.

(2.) Heard learned senior advocate Mr.Mehul Shah with learned advocate Mr.Harsh Gajjar and learned senior advocate Mr.Mihir Thakor assisted by learned advocate Mr.Abhisst Thaker for the respondent, at length.

(3.) In order to appreciate the issue, looking at the subject matter of the suit instituted by the respondent herein against the petitioner, the prayer was made for possession, declaration and permanent injunction in respect of property described as non- agricultural land of Revenue Survey No.419, 420/K paiki, Final Plot No.43, Town Planning Scheme No.10, Rakhiyal, Ahmedabad together with the industrial shed thereon admeasuring 1876.93 sq.mtrs. The property was purchased by the plaintiff from the defendant by virtue of registered sale deed dtd. 4/10/2019.