MOHIT SADANA Vs. VIJAY KUMAR GOYAL

JUDGEMENT

(1.) This civil revision has been filed against the order dtd. 21/02/2024 passed by Second Civil Judge, Junior Division, Shivpuri in RCSA No.120/2022, by which application filed by petitioner under Order 7 Rule 11, CPC for rejection of plaint has been dismissed.

(2.) Facts necessary for disposal of present revision, in short, are that respondent filed a suit for eviction from the suit shop. The petitioner filed an application under Order 7 Rule 11, CPC on the ground that since trade and business is being carried out by petitioner from the suit premises, therefore in view of Sec. 2(1)(c)(vii) of the Commercial Courts Act, 2015 (for short "the Act"?), jurisdiction of Civil Court is barred and thus the Civil Court should have rejected the plaint on the ground of lack of jurisdiction. To buttress his contention, counsel for petitioner has relied upon judgment passed by Calcutta High Court in the case of Maharshi Commerce Limited Vs. Rajiv R. Balani & Ors decided on 10/11/2022 in CS/3/2019 (IA No. GA/6/2022).

(3.) Per contra, revision is vehemently opposed by counsel for the respondent. It is submitted that merely because the suit for eviction from the suit shop has been instituted on various grounds as mentioned in Sec. 12 of the Madhya Pradesh Accommodation Control Act, the dispute would not become a commercial dispute. To buttress his contention, counsel for respondent has relied upon judgment passed by Division Bench of High Court of Gujarat in the case of Ujwala Raje Gaekwar Vs. Hemaben Achyut Shah and Ors reported in 2016 0 Supreme (Guj) 1202 and order passed by a coordinate Bench of this Court in the case of M/s Bhopal Fracture Hospital and others Vs. Savitri Devi Vijjaywargiya decided on 15/04/2024 in CR No. 24/2024 (Principal Seat).