SANGHVI PREMISES PVT. LTD. Vs. RAJESH MAHADEV MANE

JUDGEMENT

(1.) Heard Mr. Girish Godbole, learned Counsel appearing for the Applicant/Original Defendant Nos.1, 3, 4, 6 to 9, 11 and 12 and Mr. Naushad Engineer, learned Counsel appearing for the Plaintiff.

(2.) By this Interim Application, the Applicant has sought an order declaring that the dispute raised in the present Suit is not a commercial dispute under Sec. 2 (1)(c) of Commercial Courts Act, 2015.

(3.) Mr. Girish Godbole has submitted that the issue arising in the above Suit is for specific performance of permanent alternate accommodation agreements and/or agreement contained in consent which is contended by the Plaintiff to be valid, subsisting and binding upon the Plaintiff and Defendant Nos.1 to 12. He has submitted that the Suit has been incorrectly filed as a Commercial suit as the Suit concerns a surrender of tenancy of the Defendants under the permanent alternate accommodation agreements. He has submitted that in the plaint, the clause dealing with the jurisdiction of this Court has not justified the filing of the Suit under the Commercial Courts Act, 2015. In fact, from the averments in the plaint, it is clear that the Plaintiff-Developer is aggrieved by the Defendants failing to perform their obligations under the permanent alternate accommodation agreements by surrendering their tenancy. He has submitted that in the jurisdiction paragraph i.e. paragraph 49 of the Plaint it is only stated that Defendant Nos.1 to 12 resides in Mumbai, property is located in Mumbai, the suit premises are located in Mumbai, the permanent alternate accommodation agreements were entered into in Mumbai and is to be performed in Mumbai. The entire cause of action had arisen in Mumbai. This Court has jurisdiction to entertain, try and dispose of the Suit.