M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned order passed by the learned Judge, Commercial Court, City Civil Court, Ahmedabad passed below Exh.20 in Commercial Civil Suit No. 239 of 2016, by which, the learned Judge has partly allowed the said application Exh.20 preferred by the original defendant and in exercise of powers under Order VII Rule 10 of the Code of Civil Procedure has returned the plaint to the original plaintiff to present it before the appropriate Court having jurisdiction to try and entertain the same, original plaintiff has preferred present Appeal From Order.

2. The facts leading to the present Appeal From Order in nutshell are as under:

3. That the appellant herein - original plaintiff (hereinafter referred to as the “original plaintiff”) has instituted Commercial Civil Suit No. 239 of 2016 in the Commercial Court at Ahmedabad for possession, permanent injunction, mesne profit and other reliefs as prayed for in the suit. That the original plaintiff prayed the following reliefs:

“(a) The Hon'ble Court be pleased to pass a decree that the defendant to hand over possession of the flats described in the schedule to the Indenture of sub-lease bearing registration nos. 15397, 15400, 15403, 15407, 15410, 15413, 15415, 15421, 15423, 15425, 15428, 15430 to the plaintiff;

(b) The Hon’ble Court be pleased to pass a decree for Rs. 4,76,78,400/- (Rupees Four Crore Seventy Eight Thousand Four Hundred Only) with interest @18% p.a from the date of the suit till realization in favour of the plaintiff and against the defendant;

(c). The Hon'ble Court be pleased to pass a decree that the defendant do pay mesne profits @Rs. 79,46,400/- (Rupees Seventy Nine Lacs Forty Six Thousand Four Hundred Only) per month till handing over of the possession of the flats to the plaintiff;

(d). The Hon'ble Court be pleased to grant a permanent injunction restraining the defendant, their agents, employees, servants, representatives, persons claiming through them from transferring or creating third party interest or parting with possession in favour of third parties in respect of flats of “Madhuram Greens”.”

4. From the averments in the plaint, it appears that, the plaintiff and defendant entered into one indenture of sub lease on 28.10.2013 in respect of 216 flats situated in blocks No. A to L of residential blocks known as “Maduram Greens” situated at Sargasan, Tal & Dist. Gandhinagar on the terms and conditions mentioned in such indenture. It appears that by the aforesaid indenture, the plaintiff agreed to grant sub lease of such flats to the defendant for a period of three years. The commencement date was 28.10.2013 and the same was to end on the close of the business hours of 25.10.2015 After expiry of such initial period, the defendant was to hand over to the plaintiff the vacant possession of the such flats in the same state and condition as prevailing on the sub-lease commencement date. That indenture provide monthly rent for such flats and the aggregate of such monthly rental was Rs. 36,12,000/-. The aggregate built up area chargeable for the purpose of rent was 15162 sq mtr. The defendant was required to pay Rs. 1,08,36,000/- as and by way of advance and same was to be adjusted against the rent payable for first three months. It is not disputed that said flats were leased for the residential purpose of the staff of the defendant. It is also not in dispute that the “Madhuram Greens” is residential project. That the dispute arose between the parties and it appears that the renewal did not materialize and the lease came to an end on 3.3.2016 and therefore, according to the plaintiff, the defendant became liable to handover the possession of the flats in the same state and conditions. As the possession of the flats were not handed over in the same state and condition on the commencement of the lease and the dispute arose between the parties and therefore, the plaintiff instituted the aforesaid suit in the Commerc