ORDER :

1. By way of the present petition, the petitioner herein is aggrieved by the impugned order passed below Exh.57 dated 31.01.2023, which is duly produced at Annexure-A, passed by the 4th Additional Senior Civil Judge, Ahmedabad in Special Civil Suit No.350 of 2021, whereby, the application below Exh.57 filed by the petitioner – original defendant under Order-7 Rule-10 r/w. Section 151 of the Code of Civil Procedure, 1908 for return of the plaint and saving of inherent powers of the Court, the said application came to be dismissed on the ground that the trial Court has jurisdiction to entertain the Suit as it not being commercial suit.

2. Being aggrieved by the said order, the petitioner herein has approached this Court, seeking following reliefs:

“(A) The Hon’ble Court may be pleased to issue a writ of certiorari and / or any other writ, quashing and setting aside the impugned order below exh.57 dated 31/01/2023 at Annexure-A passed by the Learned 4th Additional Sr. Civil Judge, Ahmedabad (Rural) in Special Civil Suit No. 350 of 2021 and further Hon’ble Court may be pleased to allow the Application below Exh.57 Special Civil Suit No. 350 of 2021 in the interest of justice.

(B) Pending admission, hearing and final disposal of this petition, the Hon’ble Court may be pleased to stay the operation, implementation and execution of the impugned exh.57 dated 31/01/2023 at Annexure-A passed by the Learned 4th Additional Sr. Civil Judge, Ahmedabad (Rural) and also be pleased to stay the proceedings of Special Civil Suit No. 350 of 2021.

(C) Pending admission, hearing and final disposal of this petition, the Hon’ble Court may be pleased to call for the records of the Special Civil Suit No. 350 of 2021 pending before the Learned 4th Additional Sr. Civil Judge, Ahmedabad (Rural).

(D) The Hon’ble Court may be pleased to grant any other and further reliefs as may be deemed fit just and proper in the interest of justice.”

3. The brief facts germane for adjudication of the dispute in question read thus:

3.1. It is stated that the respondents herein – original plaintiffs filed Special Civil Suit No. 350 of 2021 before the Senior Civil Judge, Ahmedabad (Rural) for directing the defendant to hand over the clear, vacant and peaceful possession of the suit properties from the defendant, direct the defendant to pay mesne profit to the plaintiffs and other reliefs as prayed for in the said Suit. Copy of the same is duly produced at Annexure- A.

3.2. The subject matter of the Suit is that the original plaintiffs executed two registered memorandum of lease deeds vide registration nos. 4806 and 4808 before the Sub Registrar, Ahmedabad against the defendant bank – present petitioner bank. The said lease deeds are duly produced at Annexure-C.

3.3. The petitioner herein being the original defendant submitted an application below Exh. 57 under Order-7 Rule-10 for return of the plaint and saving of inherent powers of Court, on the ground that the dispute mentioned in the plaint is related to commercial dispute and that the said Court had no jurisdiction to entertain the same and the plaint is required to be returned to the original plaintiffs.

3.4. The reliance is placed on the fact that the dispute in question is a commercial dispute and the same is within the definition of Section 2(1)(c)(viii) of the Commercial Courts, Commercial Division and Commercial Appellant Division of High Courts Act, 2015 (for short ‘the Commercial Courts Act, 2015’). The said application below Exh.57 is duly produced at Annexure- D.

3.5. The trial Court rejected the said application below Exh.57 by order dated 31.01.2023, considering the following aspects:

“[3] I have heard rival parties and perused the entire record. The plaintiffs have filed present suit for vacate possession, permanent injunction, mesne profit and damages in respect to Shop Nos. 1 & 2 of Platinum Plaza situated upon Final Plot No.264/2 of Bodakdev, Ahmedabad. The facts in the plaint states that initially the Memor