MAYANK JASWANTLAL SHAH Vs. PRIME DEVELOPERS

JUDGEMENT

(1.) The suits in respect whereof these applications have been filed have been filed as Commercial Summary Suits by the Plaintiff against the Defendants seeking recovery of Rs.17,34,26,187.00 (Rupees Seventeen Crores Thirty-Four Lakhs Twenty-Six Thousand One Hundred and Thirty-Seven only) alongwith interest at the rate of 15% p.a. from the Applicants and Mr. Praful Satra (Original Defendant No.2) in one suit and recovery of Rs.15,57,32,851.00 (Rupees Fifteen Crores Fifty Seven Lakhs Thirty Two Thousand Eight Hundred and Fifty One only) along with interest at the rate of 18% p.a. from the Applicant/Defendant therein in another suit.

(2.) Appearance was entered into on behalf of the Defendants and thereafter, Summons for Judgment had been taken out in both the suits.

(3.) After the pleadings in the Summons for Judgment were completed, on 21/2/2023, the aforementioned two Interim Applications have been taken out seeking return of the plaints under Order VII Rule 10 of the Code of Civil Procedure, 1908 (the "CPC") on the ground that the suits are not commercial suits under the Commercial Courts Act, 2015 (the "Act") and the plaints are to be returned to the Plaintiff to be presented to the appropriate court in which the suits should have been instituted.