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2022 Supreme(Cal) 295

HARISH TANDON, SHAMPA DUTT PAUL
Venkatesh Vincom Private Limited – Appellant
Versus
Spice Of Joy, Multicuisine Restaurant Cum Bar – Respondent


Advocates appeared:
Mr. Sarosij Dasgupta, Adv., Mr. Anurag Bagaria, Adv., for the Appellant; Ms. Manju Bhuteria, Adv., Mr. Subhrendu Halder, Adv. Mr. Mohit Gupta, Adv., Mr. Tanni Luhariwala, Adv., Ms. Arundhuti Barman, Adv., for the Respondent

Judgement Key Points

Based on the provided legal document, the main legal point established is that the definition of a commercial dispute under the relevant legislation is broad and inclusive. It encompasses transactions related to lending money for business purposes conducted by non-banking financial companies, recognizing such transactions as falling within the scope of commercial disputes (!) (!) .

The court emphasized that the scope of what constitutes a mercantile or commercial document is expansive, covering any matter expressed or described upon any substance by means of letters, figures, or marks, or electronic means, intended for recording purposes (!) (!) . This broad interpretation aligns with the legislative intent to facilitate the speedy resolution of high-value commercial disputes and to include a wide range of transactions, including those involving financial support and loans extended by financial institutions engaged in business activities (!) (!) .

Furthermore, the judgment clarifies that transactions involving loans or financial assistance provided by non-banking financial companies to merchants or business entities are considered ordinary commercial transactions. Such transactions are deemed to involve mercantile documents, especially when the transaction is for profit and the involved parties are engaged in trade or commerce (!) (!) .

The court also highlighted that the absence of a formal written agreement or specific document does not exclude a transaction from being considered commercial, provided the transaction falls within the broad scope of mercantile activities and documents as defined by law (!) (!) . The interpretative approach recognizes the evolving nature of commercial transactions, especially with technological advancements, and emphasizes that the legislative intent is to include transactions that are inherently commercial in nature, even if not documented in traditional forms (!) (!) .

In summary, the judgment affirms that the scope of a commercial dispute is extensive, encompassing various types of transactions related to finance, trade, and commerce, and that the definition should be interpreted broadly to align with the legislative purpose of expediting commercial justice.


JUDGMENT

Harish Tandon, J. - The present appeal arises from a judgment and order dated 11.11.2021 passed by the learned Judge, Commercial Court at Alipore in Money Suit no. 12 of 2021 whereby and whereunder an application of Order 7 Rule 11 of the Code of Civil Procedure was disposed of directing the return of the plaint to be presented before the Competent Court.

2. Shorn of unnecessary details the suit was filed by the appellant for recovery of a sum of Rs. 97,65,333/- along with an interest at the rate of 4 per cent per annum till the realisation of the said amount before the Commercial Court at Alipore which was registered as Money Suit no. 12 of 2021. The plaint proceeds that the plaintiff-appellant is a non-banking financial company and engaged in lending money for business. The Respondent no 2 and 3 carrying on business of a multicuisine restaurant and bar in partnership, approached the appellant company for an accommodation loan of Rs. 15 lakhs for a period of 180 days at an agreed rate of interest at the rate of 4 per cent per month. The said amount was given through an account payee cheque in favour of the Respondent no. 2 for and on behalf of the Respondent no. 1 which was

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