HEMA SHARMA Vs. NEW AGRAWAL CONSTRUCTION

JUDGEMENT

(1.) The question that arises for consideration in this civil revision is as to whether the impugned order, dtd. 28/5/2024, passed by 7th District Judge, Gwalior in RCSA No.8/2015, refusing to transfer the suit filed by non-applicant/plaintiff under Sec. 15(2) of Commercial Courts Act, 2015 (in short 'Act') to the concerned Commercial Court, was justified in the facts and circumstances of this case. It is the submission of applicants (hereinafter referred as 'defendants') that although the suit filed by non-applicant (hereinafter referred as 'plaintiff') pertains to a prayer for grant of decree for specific performance of agreement, dtd. 10/10/2013, by applying definition of 'commercial dispute' as defined under Sec. 2(1)(c)(vi) of the Act, the subject matter of the suit is a commercial dispute and by virtue of Sec. 15(2) of the Act, the suit ought to have been transferred to the concerned Commercial Court.

(2.) The plaintiff has filed a suit stating to be a suit for specific performance for agreement, dtd. 10/10/2013, before the learned Trial Court. As per the pleadings made in paragraph - 2, the defendants entered into an agreement with the plaintiff for reconstruction of their residential house. Paragraph - 2 & 3 of the plaint narrates the nature of transaction between the parties and the same are reproduced hereunder:

(3.) Alleging non-compliance of the clause (?) of the agreement, the plaintiff has filed the aforementioned suit praying for a decree for execution of the sale-deed in its favour, in respect of half portion of ground and first floor of the house in question and in the alternative, it has prayed for refund of amount spent by it in reconstruction of the house along with the interest.