MOHSIN SAMDANI Vs. SAJJAD HUSSAIN DAMAMI

JUDGEMENT

(1.) The present Civil Misc. Appeal has been filed under Order 43 Rule 1(a) CPC, challenging the order dtd. 2/5/2025 passed by Learned Additional District Judge No.7, Bikaner ("Learned Trial Court") in Civil Original Suit No. 66/2024, whereby, while dealing with an application filed on behalf of respondents-defendants under Order 7 Rule 11 CPC, Learned Trial Court has held that the dispute involved in the suit is a "commercial dispute" covered within meaning of Sec. 2(1)(c)(vii) of the Commercial Courts Act, 2015 ("Act of 2015") and, in exercise of its powers under Order 7 Rule 10 CPC, returned the plaint to be filed before Commercial Court of competent jurisdiction.

(2.) The subject-matter of the dispute is an agreement to sell dtd. 22/2/2024 entered into by the parties for sale of two shops ("suit premises") situated at Khasra No. 831, Bikaner Housing Cooperative Society Limited, Mukta Prasad Nagar Road, in front of Saint N.N. School, Bikaner.

(3.) Learned counsel for the appellants, Mr. Rakesh Kumar Chota, argued that the Act of 2015 was enacted with an object to provide speedy disposal of high-value commercial disputes, whereas the present suit is filed for specific performance of an agreement to sell and the same cannot be considered as a commercial dispute so as to be transferred to Commercial Court.