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NINALA JAYASURYA
Fedora Sea Foods Pvt. Ltd. – Appellant
Versus
Apple Bio Technologies – Respondent
| Table of Content |
|---|
| 1. petitioner seeks recovery in a commercial dispute. (Para 5 , 6) |
| 2. arguments about jurisdiction and transfer under cpc and commercial courts act. (Para 7 , 8 , 10 , 11 , 12 , 14 , 15 , 16) |
| 3. court considers jurisdictional issues and procedural applicability. (Para 20 , 21 , 22) |
| 4. cpc section 24 can transfer suits despite commercial jurisdiction disputes. (Para 23 , 24 , 26 , 27) |
| 5. compliance with section 12-a and jurisdictional assessments upheld. (Para 34 , 35 , 36) |
| 6. transfer ordered; civil revision petition dismissed. (Para 55 , 56) |
ORDER :
(Ninala Jayasurya, J.) :
As the issues involved in the present cases are inter are disposed of by a Common Order.
2. For the sake of convenience, the parties are referred to as they are arrayed in Transfer C.M.P.No.83 of 2022.
3. Heard Mr.O.Manohar Reddy, learned Senior Counsel appearing on behalf of the petitioner. Also heard Mr.V.S.R.Anjaneyulu, learned Senior Counsel representing the respondents.
4. Perused the material on record as also the written submissions on behalf of both sides.
Brief Facts:
5. The petitioner / M/s.Fedora Sea Foods Private Limited filed O.S.No.59 of 2021 before the Court of VIII Additional District Ju
The court affirmed that Section 24(5) of the C.P.C. permits transferring a suit lacking jurisdiction to a Commercial Court, while addressing the provisions of the Commercial Courts Act concerning jur....
The court affirmed that Section 24(5) of the CPC allows for transferring cases from civil to commercial courts, even amidst jurisdictional uncertainties, emphasizing the importance of existing proced....
The central legal point established in the judgment is the delineation of the jurisdiction of the Principal District Judge or the Chief Judge, City Civil Court in transferring cases, particularly in ....
The jurisdiction under Section 24 CPC is concurrent between the High Court and District Court, but a party cannot challenge a transfer order in both courts; they must choose one forum.
Jurisdiction to transfer a suit under Section 24 of CPC is concurrent for High Court and District Court; commercial suits must be filed in designated courts.
Proceedings instituted before the commencement of 2019 Act, shall continue before the consumer forums corresponding to those under the 1986 Act.
The main legal point established in the judgment is the appealability of orders under Section 13 and Section 15 of the Commercial Courts Act, 2015, and the interpretation of the relevant provisions o....
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