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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
ANIL L.PANSARE
Akhilesh S/o Mohansingh Thakur – Appellant
Versus
Hari alias Haribhau s/o Shankar Masram – Respondent
JUDGMENT :
ANIL L. PANSARE, J.
Heard. Issue Rule returnable forthwith. The learned Counsel for Respondent waives service of Rule on behalf of the Respondent. With consent of the learned Counsel for the parties, the Petition is taken up for final hearing.
2. This Petition arises out of the rejection of application filed by the Petitioner under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short ‘the Code’) together with registration of the counter-claim without payment of Ad-veloram Court Fees.
3. The Petitioner/Original Plaintiff filed a suit against the Respondent/Original Defendant for specific performance of contract. The Respondent filed a written statement with counter-claim seeking declaration and possession of the suit property. The counter-claim is based on the premise that the Respondent was in financial crisis and required a sum of Rs.4,50,000/- for repayment of loan due to the Bank. Accordingly, he requested the Petitioner to extend finance to pay loan amount. The Petitioner agreed to do so on the condition of Respondent providing the block of first floor of the suit property on leave and license basis for monthly license fees of Rs.10,000/-. This license fee
A counter-claim related to a licensee's possession falls under the jurisdiction of the relevant authority, not a civil court, as it necessitates a substantive evaluation of the agreement's terms.
The main legal point established is that a second appeal only lies on a substantial question of law, and the Court cannot reanalyze or reappreciate evidence in a second appeal.
The court confirmed the trial court's ruling that the counter-claim is a commercial dispute under the Commercial Courts Act, emphasizing the importance of clear admissions in legal proceedings.
A counter-claim must meet the pecuniary jurisdiction requirements of the Court to be maintainable; in this case, it was below the threshold, rendering it invalid.
The court confirmed that the counter-claim is a commercial dispute under the Commercial Courts Act, emphasizing the need for clear admissions for invoking judgment on admissions.
The court established that disputes arising from license agreements for properties used exclusively for trade qualify as commercial disputes under the CC Act.
The main legal point established is that admissions by a party can determine the outcome of a case, and dilatory tactics may lead to reduced costs and dismissal of claims.
The Court of Small Causes has jurisdiction over eviction proceedings involving ex-employees after terminating their licenses under specific contractual premises.
The court affirmed that under Order XV-A, defendants must deposit license fees during the pendency of the suit, regardless of whether the suit explicitly claims such fees.
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