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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Abhay Ahuja
Magathane Kinara Co-Op. Hsg. Soc. Ltd. – Appellant
Versus
Magathane Kinara Co-Op. Hsg. Soc. Ltd. – Respondent
ORDER :
1. On 6th March 2025, this Court had recorded that Mr.Mishra, learned Counsel for the Applicant (Defendant no.1) had concluded his arguments and Ms.Talati, learned Counsel for the Plaintiff had taken time.
2. Today, Ms.Talati has responded on behalf of the Plaintiff and Mr.Mishra, learned Counsel has also made submissions in rejoinder.
3. Accordingly, having heard the learned Counsel I pass the following order.
4. This Interim Application seeks return of the plaint under Order VII Rule 10 of the Code of Civil Procedure, 1908 (“CPC”) from the Commercial Division of this Court to be presented before Civil Court of jurisdiction.
5. Mr.Mishra, learned Counsel, appearing for the Defendant no.1 – society has submitted that the Suit has been filed seeking specific performance of a Memorandum of Understanding dated 16th May 2014 (“MOU”) between the Plaintiff and the Defendant no.1 and for damages from the Defendant no.1 – society.
6. Mr.Mishra has submitted that the averments in the plaint and the supporting annexures in no manner indicate or even suggest that the dispute between the parties is a commercial dispute as defined under Section 2(1)(c) of the Commercial Courts Act, 2015 (the
A suit for specific performance of an MOU regarding redevelopment of residential property does not constitute a commercial dispute under the Commercial Courts Act if the property is not used exclusiv....
The central legal point established in the judgment is the strict construction of the provisions of the Commercial Courts Act, the requirement to consider the nature of the proposed amendment before ....
A dispute involving immovable property intended for commercial use is a commercial dispute under the Commercial Courts Act, even if not currently in use, contradicting the lower court's interpretatio....
A dispute arising from an agreement to sell immovable property used for trade is a commercial dispute, mandating resolution in a Commercial Court, as clarified by statutory definitions.
The central legal point established in the judgment is the interpretation of what constitutes a 'commercial dispute' under the Commercial Courts Act, 2015, and the application of relevant clauses to ....
A dispute regarding a lease for commercial purposes qualifies as a commercial dispute under the Commercial Courts Act, necessitating the jurisdiction of the Commercial Court.
Point of law: Section 2(1)(c) of Act, 2015 defines what is meant by ‘commercial dispute’ and instances are mentioned in various clauses incorporated therein. ‘Commercial dispute’ means a dispute aris....
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