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2022 Supreme(Ker) 662

S. V. BHATTI, BASANT BALAJI
Hindustan Petroleum Corporation, Rep. by Chairman and Managing Director – Appellant
Versus
Muhammed Illiyas, S/o. Late T. P. Marakkar – Respondent


Advocates Appeared:
For the Petitioner: M. Gopikrishnan Nambiar, V. Bharath Kumar.
For the Respondent: P. Thomas Geeverghese, Tony Thomas (Inchiparambil), E.S. Firos, Sradha Mohan.

ORDER :

Basant Balaji J.

M/s.Hindustan Petroleum Corporation Ltd has filed this Transfer Petition challenging Ext.P3 order of the Munsiff’s court, Perumbavooor in I.A. No.5 of 2021 in O.S. No.407 of 2017. It is a petition filed under Section 15(2) of the Commercial Courts Act, 2015 (for short 'the Act') read with Section 151 of Code of Civil Procedure to transfer a suit to the Commercial Court. The learned Munsiff, by Ext.P3 order dismissed petition holding that the dispute involved in the suit will not come under the purview of Section 2(c)(vii) of the Act.

2. Respondent Nos.1 to 6 filed O.S. No.407 of 2017 before the Musniff’s Court, Perumbavoor for a decree declaring the termination of lease and recovery of possession of the lease and to direct the defendants to give vacant possession of the plaint ‘A’ and ‘B’ schedule properties to the plaintiffs and for a mandatory injunction decree to remove the underground fuel tanks, fuel discharging purpose and such other structures erected by the defendants in the plaint schedule property. The damage at the rate of Rs.13,817/- per month for the unauthorized use and occupation of the plaint ‘A’ schedule and damages at the rate of Rs.12,468/-

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