VAISHANAVI ISPAT LIMITED Vs. SHARP FERRO ALLOYS LIMITED

JUDGEMENT

(1.) A preliminary objection is taken by the respondent as to whether the present appeal is maintainable before this Bench, which has been conferred determination as an ordinary court of First and First Miscellaneous Appeals as per the roster of this Court, as opposed to the Commercial Appellate Division of this Court.

(2.) Learned counsel appearing for the respondent argues that the suit, as framed, is a commercial suit within the connotation of the Commercial Courts Act, 2015 (in short " the 2015 Act").

(3.) Learned counsel relies on the caption of the suit as a commercial suit and also attracts the attention of the court to Paragraph 17 of the plaint, where it has been specifically stated that the present case falls within the category of a commercial dispute under Sec. 2 of the 2015 Act and that a pre-institution mediation application under Sec. 12(A) of the said Act has been filed by the respondent before the District Legal Services Authority.