JUDGMENT :

1. By the present Appeal from Order, the appellant is challenging the order dated 4th May, 2023 passed by the 8th Joint Civil Judge Senior Division, Aurangabad on an application filed on behalf of the respondents – defendant nos.9 to 11 under Section 2 (c), (i), (vi), (vii), (xi) and explanation (a) of the Commercial Court Act, 2015 [for short ‘Act of 2015’] read with Order VII Rule 10 and 11 of the Code of Civil Procedure for return of the plaint for presentation to the proper forum i.e. Commercial Court constituted under Section 3 of the Commercial Courts Act, 2015.

Brief facts giving rise to filing the present Appeal from Order can be summarized as under :

2. Memorandum of understanding dated 26.12.2009 came to be executed between plaintiff, defendant no.1 and defendant no.7. As per the said memorandum, the defendant no.1 i.e. Vendor was to get amount of consideration of Rs.35 crores towards development of suit property. As per the said MoU, the defendant no.1 agreed to give property Plot No. E-36-1 admeasuring 17000.00 (17,066.25) sq.mt. situated at MIDC Chikalthana, Aurangabad Tq. & Dist. Aurangabad for the development to the plaintiff and accordingly the defendant no.