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