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KRISHNA RAO
Sk. Mansur Ali – Appellant
Versus
Kulnath Kapoor – Respondent
JUDGMENT :
Krishna Rao, J.
1. The defendants have filed the present application under Order IX, Rule 13 of the Code of Civil Procedure, 1908 being G.A. No. 5 of 2024 praying for setting aside ex-parte the Judgment and Decree passed by this Court dated 24th March, 2023 in C.S. No. 220 of 2019.
2. Mr. Suman Dutt, Learned Senior Advocate representing the defendants submits that the defendants first time in the Month of March, 2024 received a copy of Execution Case No. 503 of 2023 wherein the defendants first time came to know that this Court has disposed of C.S. No. 220 of 2019 directing the defendants to pay sum of Rs. 53,20,416/-along with interest at the rate of 10% per annum from the date of receipt of final bill till the date of realization of the decretal amount.
3. Mr. Dutt submits that writ of summons was not served upon the defendants and the services of summons upon defendants were improper.
4. Mr. Dutt submits that the plaintiffs have filed the suit as non-commercial suit before the Ordinary Original Civil Jurisdiction of this Court but the alleged dispute between the parties arises out of a Work Order for construction of a building for setting out of a leather factory over a l
The court ruled that adequate notice was served to the defendants, and the suit was commercial in nature, but the decree could not be set aside due to alternative remedies available under the Code of....
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....
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 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 failure to lodge a writ of summons invalidated the suit, making any proceedings and transfers null and affecting the court's jurisdiction.
The Commercial Courts Act, 2015 grants jurisdiction to Commercial Courts for executing arbitral awards related to commercial disputes, emphasizing expedited resolution.
The main legal principle established in the judgment is that the Commercial Court has the jurisdiction to execute its own decree or a decree transferred to it, where the value is above the specified ....
The court held that compliance with the pre-institution mediation requirement under Section 12-A of the Commercial Courts Act is mandatory for sustaining a commercial suit.
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