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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ABHAY AHUJA
Prime Developers – Appellant
Versus
Prime Developers – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks recovery amounts in commercial suits. (Para 1 , 2) |
| 2. court considers procedural history of interim applications. (Para 3 , 4 , 8 , 9) |
| 3. defense argues suits are non-commercial and should be returned. (Para 5 , 6 , 10) |
| 4. defense claims jurisdiction issues regarding suit nomenclature. (Para 12 , 14 , 15 , 16 , 20) |
| 5. court interprets jurisdiction under the commercial courts act. (Para 18 , 22 , 28 , 30 , 34) |
| 6. court concludes on renaming suits rather than returning them. (Para 19 , 21 , 26 , 52 , 53) |
ORDER :
Abhay Ahuja, J.
1. The suits in respect whereof these applications have been filed have been filed as Commercial Summary Suits by the Plaintiff against the Defendants seeking recovery of Rs.17,34,26,187/- (Rupees Seventeen Crores Thirty-Four Lakhs Twenty-Six Thousand One Hundred and Thirty-Seven only) alongwith interest at the rate of 15% p.a. from the Applicants and Mr. Praful Satra (Original Defendant No.2) in one suit and recovery of Rs.15,57,32,851/- (Rupees Fifteen Crores Fifty Seven Lakhs Thirty Two Thousand Eight Hundred and Fifty One only) along with interest at the rate of 18% p.a. from the Applicant/Defendant therein in another suit.
2. App
Suits misclassified as commercial must be treated under ordinary civil jurisdiction; designation does not create a distinct court.
A dispute must arise from ordinary transactions of merchants, bankers, financiers, and traders to qualify as a commercial dispute under the Commercial Courts Act, 2015.
Return of Plaint – Summary Suit – Only disputes which are in nature of ordinary transactions of merchants, financiers and traders will fall within purview of commercial disputes.
The Commercial Division has exclusive jurisdiction over intellectual property disputes under the Commercial Courts Act, irrespective of specified value, and the provisions of the Code of Civil Proced....
The court clarified that distinct causes of action in two separate suits prevent dismissal under Order II Rule 2, and determined that the present dispute did not qualify as a commercial dispute under....
There is no provision for transfer of suit from Commercial Division to Non-Commercial Division.
The mandatory requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015 must be complied with for a suit to be maintainable.
The main legal point established in the judgment is the jurisdiction and classification of cases for challenges to International Commercial Arbitration Awards under Section 34 of the Arbitration and ....
Section 12A of the Commercial Courts Act, 2015 is mandatory and compliance thereof are required for a valid institution of a suit.
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