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2019 Supreme(Bom) 294

MANISH PITALE
KANCHANGANGA REALTORS PVT LTD. – Appellant
Versus
MONARCH INFRASTRUCTURE DEVELOPERS PVT LTD. – Respondent


Advocates:
Advocate Appeared:
A.G. Gharote, Adv., R.T. Anthony, Adv., R.R. Shrivastava, Adv.

JUDGMENT :

MANISH PITALE, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties.

2. The question that arises for consideration in this petition is, as to whether the impugned order passed by the Court of Joint Civil Judge Senior Division, Nagpur (trial Court), in refusing to transfer the suit filed by respondent no.1, under Section 15(2) of the Commercial Courts Act, 2015 (for short, 'the Act of 2015') to the Commercial Court, was justified in the facts and circumstances of the present case. It is the contention of the petitioners (original defendants) that although the suit filed by respondent no.1 pertains to a prayer for grant of decree of specific performance of agreement dated 04-04-2015, by applying definition of "commercial dispute" under Section 2(1)(c) of the Act of 2015, the suit filed by respondent no.1 pertains to a commercial dispute and that under Section 15(2) of the Act of 2015, the suit ought to have been transferred to the Commercial Court.

3. The respondent no.1 filed a suit for specific performance against the petitioners in respect of the aforesaid agreement dated 04-04-2015, whereby petitioner no.1 ha




























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