VARANIUM CLOUD LTD. Vs. ROLTA PVT. LTD.

JUDGEMENT

(1.) This Interim Application seeks return of the Plaint under Order VII Rule 10 of the Code of Civil Procedure, 1908 ("CPC") on the ground that the Summary Suit falls within the scope and ambit of the Commercial Courts Act, 2015 (the "said Act") and has been incorrectly instituted as an Ordinary Summary Suit on the Ordinary Original Civil Jurisdiction of this Court, but ought to have been filed before the Commercial Division of this Court as a Commercial Summary Suit under the said Act.

(2.) Mr. Narvekar, learned Counsel appearing for the ApplicantDefendant No.1 would submit that considering that the Plaintiff No.1 had advanced the loan in the course of its business to Rolta India Limited having acted as a financier and then has sought to assign it to the Defendant No.1 viz the Applicant, is only acting as a Financier/Trader which falls within the definition of commercial dispute in terms of Sec. 2(1)(c)(i) of the said Act and that therefore, the Plaint should be returned to the Court in which it should have been instituted viz. the Commercial Court Division of this Court as a Commercial Summary Suit as the dispute set out in the Plaint is a commercial dispute of a specified value viz. more than Rs.3.00 lacs.

(3.) Mr. Narvekar has submitted that in view of the dictionary meanings of the words Ordinary, Financier, Trader and Mercantile as appearing in Sec. 2(1)(c)(i) of the said Act, the present dispute is a commercial dispute. That the said term had to be seen in their expansive sense and not in the narrow sense in view of the use of the words arising out of Sec. 2(1)(c)(i) of the said Act.