Back
TUSHAR RAO GEDELA
Antriksh Developers & Promoters – Appellant
Versus
Vipin Arora – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. The petitioners challenge the order dated 31.05.2022 passed by learned Commercial Trial Court (Commercial Court) in CS (COMM)27/2019 titled as "Vipin Arora Vs. M/S. Antriksh Developers & Promoters Pvt. Ltd. And Ors." whereby the learned Trial Court while concluding that the subject matter of the lis does not fall within the ambit of Section 2(1) (c) of Commercial Courts Act, 2015, however, simultaneously also dismissed the application under Order I Rule 10 of Code of Civil Procedure, 1908, filed by the petitioners.
2. Mr. Rahul Kadyan, learned counsel appearing for the petitioners submits that once the learned Trial Court concluded that it did not have the jurisdiction to decide the dispute or have jurisdiction over the subject matter of the suit and resultantly, concluding that it is Coram non judice, the simultaneous adjudication of the application under Order I Rule 10 CPC, 1908 one way or the other, was beyond its jurisdiction.
3. Learned counsel submits that the decision to transfer the matter for being placed before the Court of competent civil jurisdiction, ought to have been ex
The court without jurisdiction cannot decide on an application under Order I Rule 10 CPC, 1908.
The court without jurisdiction over the subject matter of the suit cannot decide on any matter relating to the suit and must transfer the suit to the Court of Competent Jurisdiction.
The court without jurisdiction cannot decide on an application under Order I Rule 10 CPC, 1908.
The court's jurisdiction and the requirement to transfer the suit to the Court of Competent Jurisdiction when it concludes that it does not have jurisdiction over the subject matter of the suit.
The main legal point established in the judgment is that the Commercial Courts Act does not exclude the application of Section 24 of the CPC to commercial disputes of a specified value, and the power....
Jurisdiction over commercial transactions and the application of procedural rules for returning plaints to the appropriate Court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
