GLASSWOOD REALTY PVT. LTD Vs. CHANDRAVILAS KAILASHKUMAR KOTHARI

JUDGEMENT

(1.) A Commercial Summary Suit under Order 37 Rule 2 of the Code of Civil Procedure was filed by Mrs. Mrs.Chandravilas Kailashkumar Kothari (respondent herein) seeking the following relief:-

(2.) The plaintiff staked the claim on the basis that the amount is due and payable to her, from the defendant as the amount of Rs.35.00 lakhs was advanced as a friendly loan and on default in its repayment, it was sought back with interest.

(3.) In the said Commercial Suit, the petitioner (original defendant) filed Notice of Motion No.877 of 2021 requesting the Court to exercise the powers under Order 7 Rule 10, sub-Sec. (1) of the Code of Civil Procedure, to return the plaint to the plaintiff. The affidavit in support of Notice of Motion pleaded that the plaintiff in the plaint has admitted that the suit transaction is a friendly loan, of which the refund is sought and the defendant has filed written statement on record in which the and existence of any commercial relationship or any commercial transaction, attracting the provisions of Commercial Courts Act, 2015, was denied. The Notice of Motion was based on a pleading that the Suit of the plaintiff do not fall within the purview of 'commercial transaction' contemplated under Sec. 2(c) of the Commercial Courts Act, 2015 and hence the Suit is liable to be returned.