JUDGMENT

Debangsu Basak, J. - The defendant No. 1 has applied for revocation of leave granted under Order II Rule 2 of the Code of Civil Procedure, 1908 and Section 12A of the Commercial Courts Act, 2015. The defendant No. 1 has also applied for the plaint to be taken of the file and returned to the plaintiff for filling before the appropriate court.

2. Learned Senior Advocate appearing for the defendant No. 1 has submitted that, the dispute involved in the suit cannot be a "commercial dispute" within the meaning of the Commercial Courts Act, 2015. He has submitted that, the plaintiff has stated that the building cannot be commercially utilized and exploited at paragraph 32 of the plaint. He has drawn the attention of the Court to various paragraphs of the plaint. He has submitted that, paragraph 36 of the plaint, where, the plaintiff has claimed that the disputes come within the meaning of the Act of 2015 is incorrect in the sense that, there is an incorrect quotation of the Section sought to be attracted. He has submitted that, the relevant clause would be Clause (vii) of Section 2 (1)(c), of the Act of 2015. According to him taking the averments made in paragraph 36 of the plaint