KANHAIYA LAL ASWANI Vs. DEEPAK MANOHAR LAL CHAWALA

JUDGEMENT

(1.) The present Revision has been filed challenging the Order dtd. 17/6/2025 at the instance of the Tenant who is aggrieved by rejection of his application under Order 7 Rule 11 of the CPC whereby the Trial Court has rejected the objection of the Petitioner raised by the said application that the suit before the regular Civil Court is not maintainable and the same should be filed or transferred to the Commercial Court.

(2.) Learned counsel for the Petitioner has vehemently argued before this Court that the suit for eviction and recovery of arrears of rent has been filed by the Plaintiff/Landlord on the assertion that the defendants are tenant and sub-tenant respectively of Shop No.5 and the suit property being a shop, therefore, it is a commercial property and used exclusively for commercial purpose. Therefore, as per Sec. 2(c)(vii) of Commercial Courts Act, 2015, the dispute comes within the definition of commercial dispute as per the Act of 2015 and therefore, it is exclusively triable by the Commercial Court. It is argued that the Trial Court has wrongly rejected the application of the Petitioner under Order 7 Rule 11 of the CPC by overlooking the position that the suit was not maintainable before the Trial Court and it was maintainable only before the Commercial Court.

(3.) Learned counsel for the Petitioner/tenant has relied on judgment of High Court of Calcutta in C.S.No.3/2019 whereby the Calcutta High Court has returned the Plaint to the Plaintiff in a similar matter of eviction of Tenant from commercial property holding the suit to be maintainable only before the Commercial Court. It is therefore, argued that in view of definition of commercial dispute as per Sec. 2 (c)(vii) of the Act of 2017, the suit was not maintainable before the regular Civil Court and it could only have been filed before the Commercial Court.