SWADHA BUILDERS PVT LTD Vs. NABARUN BHATTACHARJEE

JUDGEMENT

(1.) The plaintiffs have applied under Section 15 of the Commercial Courts Act, 2015 for transferring the instant suit to the Commercial Division of this Hon'ble Court.

(2.) Learned Advocate appearing for the plaintiffs has submitted that, the two criteria laid down under Section 15 of the Act of 2015 for the transfer of the suit to the Commercial Division stands satisfied in the facts of the present case. He has submitted that, the disputes and issues involved in the present suit are commercial disputes within the meaning of Section 2(1)(c)(i) and (vii) of the Act of 2015. The plaintiffs have valued the suit in excess of the prescribed value for the Commercial Division. He has submitted that, the plaintiff has claimed a decree for declaration and perpetual injunction as also a decree for loss and damages suffered by the plaintiffs at the hands of the defendants. He has submitted that, the defendant Nos. 1 to 6 wrongfully and fraudulently induced the plaintiffs to enter into agreements by which, an immovable property of the plaintiff No. 1 was mortgaged by the defendant Nos. 1 and 2 for the purpose of obtaining credit facilities for the defendant No. 3 from the defendant No. 7. He has submitted that, the parties had entered into commercial transactions. The claim in the suit has arisen out of commercial transactions between the parties. The defendant Nos. 1 to 6 had acted fraudulently and induced the plaintiffs to part with an immovable property. Therefore, according to him, the issues that have arisen in the instant suit are commercial disputes within the meaning of the Act of 2015.

(3.) Learned Advocate appearing for the defendant Nos. 4 and 5 has submitted that, the disputes involved in the instant suit falls within the meaning of a commercial dispute under the provisions of the Act of 2015. He has submitted that, since the Court has not invited the parties to file any affidavit, the allegations made in the application as against his clients be deemed not to be admitted.