D. V. S. S. SOMAYAJULU, DUPPALA VENKATA RAMANA
Bellam Balakrishna S/o. Anjaneyulu – Appellant
Versus
Greenmount Developers Represented by its Partner – Respondent
ORDER :
DUPPALA VENKATA RAMANA, J.
Questioning the continuous return of the C.A.O.P. vide G.L.No.471 of 2023 in C.A.O.P.No.__of 2023, dated 27.06.2023, by the Commercial Court, Vijayawada, the present Civil Revision Petition is filed.
2) Learned counsel for the petitioner points out that the repeated returns are made by the learned trial Judge on the maintainability of the petition before the Commercial Court. Despite the matter being represented time and again the same objection is being taken by the learned Judge.
3) Learned counsel for the petitioner submits that apart from the above the AOP has not be numbered since the specified value in the Commercial Courts Act, 2015 (for short “the Act”) has been defined in Section 2 (i) of the Act as “not less than three lakhs”. He, therefore, contains that once the pecuniary value has been fixed by the Parliament in Section 2 (i) of the Act the Commercial Court, which has been constituted by G.O.Ms. No.27, dated 01.03.2017, has to entertain the dispute if the value exceeds the specified value viz., three lakh rupees. Admittedly, in this case the case value is above three lakhs and learned counsel, therefore, states that in terms of Section 6
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