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NINALA JAYASURYA
Fedora Sea Foods Pvt. Ltd. – Appellant
Versus
Apple Bio Technologies – Respondent
| Table of Content |
|---|
| 1. facts surrounding the filing of the suit and application for jurisdiction transfer. (Para 5 , 6) |
| 2. arguments regarding jurisdiction and the applicability of cpc and commercial courts act. (Para 7 , 12 , 15) |
| 3. court's observation on the requirement of jurisdiction and transfer. (Para 20 , 21 , 23) |
| 4. court's final ruling on the transfer based on jurisdictional authority. (Para 34 , 51) |
ORDER :
As the issues involved in the present cases are inter-linked, the same 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 Judge, Nellore seeking recovery of a sum of Rs.9,55,74,429/-, from the respondents, which is due towards the purchase of Aqua feed on credit basis and interest thereon.
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 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 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 ....
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.
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.
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....
The main legal principle established in the judgment is that the Commercial Court has the jurisdiction to execute its own decree or a decree transferred to it, where the value is above the specified ....
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