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2017 Supreme(Guj) 1872

M.R.SHAH, B.N.KARIA
Jayprakash Associates – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kashyap R. Joshi

JUDGMENT :

M.R. SHAH, J.

1. By way of this petition under Arts. 226/227 of the Constitution of India, the petitioner has prayed for appropriate writ, order and/or direction to quash and set aside the impugned order passed by the learned Principal District Judge, Rajpipla dated 6-8-2016, by which the learned Principal District Judge, Rajpipla has transferred the Special Civil Suit No. 2 of 2006 to the Commercial Court, Vadodara constituted under the provisions of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. It is not in dispute that the suit is arising out of contract of construction executed between the original plaintiff and the defendants. It is also not in dispute that the suit value is above Rs. 1 Crore. On establishment of the Commercial Court, Vadodara and according to the learned Principal District Judge, Rajpipla, the dispute can be said to be a commercial dispute within the meaning of Sec. 2(1)(c) of the Commercial Courts Act and that the suit value is above Rs. 1 Crore, and therefore, the suit was required to be transferred to the Commercial Court, Vadodara, and therefore, in exercise of the powers under Sec. 15 of t










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