JUDGMENT :

ABHAY AHUJA, J.

1. This Interim Application has been filed by the Defendant-State Bank of India (the Defendant - bank) under Order VII Rule 11 of the Code of Civil Procedure, 1908, (CPC) seeking rejection/return of the plaint on the ground that the same is barred under law and cannot be tried under the Commercial Courts Act, 2015 (the “Commercial Courts Act”). The Plaintiff - Board has filed reply to the same.

2. Mr. Shetye, learned Counsel for the Applicant, would submit that the present suit has been filed by the Plaintiff to recover an amount of Rs.36,00,00,000/- along with interest from the Defendant-bank which were placed as fixed deposits by the Plaintiff with the Defendant - bank. However, since as per the plaint, the Plaintiff has lodged a written police complaint dated 15th May 2019 with the Joint Police Commissioner, Economic Offences Wing, Mumbai, alleging that the Manager of the Defendant-bank, Mr. Nikhil Roy, has committed fraud, misappropriated funds and with his active involvement and connivance, an amount of Rs.36,00,00,000/- is alleged to have been withdrawn without the consent of the Plaintiff, pleading fraud and misappropriation, that, the transaction can