SANJAY KUMAR Vs. RAVI KUMAR

JUDGEMENT

(1.) The challenge in this revision petition, filed under Article 227 of Constitution of India, is to order dtd. 17/4/2023 (Annexure P P-5), passed by learned Civil Judge (Junior Division), Gurugram in CS No.828 of 2023 titled 'Ravi Kumar Vs. Meena Chauhan and others', whereby an application under Order 7 Rule 10 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') and read with Sec. 2(1)(c) (vi), Sec. 6 and Sec. 15 of Commercial Courts Act, 2015 seeking transfer of the suit to the Commercial Court of competent jurisdiction has been dismissed.

(2.) Learned counsel for the petitioners/defendants No.3 and 4, contends that respondents No.1 and 2/plaintiffs, instituted a civil suit (Annexure P-1), P for specific performance, permanent and mandatory injunction, ion, against the petitioners and respondents No.3 and 44, which is indeed a masterpiece of clever drafting, drafting whereas bare perusal of the plaint and the agreement dtd. 2/5/2022 2/5/2022 (Annexure P P-2) clearly make out, a case of 'commercial dispute' dispute as defined in Sec. 2(1) (c)(vi) and (vii) of the Commercial Courts Act, 2015 (referred to as 'the Act'). Given the dispute, the case ought to be adjudicated upon by the designated Commercial Court(s).

(3.) Learned counsel submits that petitioners filed an application (Annexure P--4) under Order 7 Rule 10 of CPC and read with Sec. 2(1)(c) (vi) Sec. 6 and Sec. 15 of Commercial Courts Act, 2015 2015, seeking transfer of the suit to the Commercial Court of a competent jurisdiction. However, the learned trial Court, without adverting to the facts of the case, relief claimed, claimed evidence on record, the provisions of law and the judicial precedents, defining commercial dispute, dismissed the application in arbitrary manner. While referring to Sec. 6 of the Act, learned counsel contends that all commercial disputes are to be adjudicated upon by Commercial Courts as constituted under Sec. 3 of the Act. Referring to the terms of agreement dtd. 2/5/2022 2/5/2022 (Annexure P P-2), learned counsel submits that the dispute is essentially a commercial dispute as the facts of the plaint set out in the suit seeking enforceability of the contract and relief claimed is one that is covered under disputes arising out of construction and infrastructure contracts, including traders and also dispute arising out of agreement relating to immovable property used exclusively in trade or commerce.