SANTOS KUMAR BHADANI Vs. OM PRAKASH AGARWALA

JUDGEMENT

(1.) The defendant had also filed an application being G.A 3 of 2023 praying for dismissal of the suit or for return of the suit as the suit filed by the plaintiff is commercial in nature covered under Sec. 2 (1) (c) of the Commercial Courts Act, 2015.

(2.) The defendant contended that as per the averments made in the plaint, the alleged transaction is commercial in nature and thus the suit is not maintainable before this Court. He submits that the plaintiff to avoid filing of the statement of truth on affidavit has filed the suit before this Court as the plaintiff had the knowledge that he has made a false averment in the suit.

(3.) Learned Counsel for the defendant relied upon the judgment passed by this Court in the case of an Anumati Consultancy and Services Pvt. Ltd. -vs- Wellside Global Private Limited and submits that the suit filed by the plaintiff is required to be returned to the plaintiff for filing before the appropriate Court.