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P. SOMARAJAN
C. K. Surendran S/o Achuthan – Appellant
Versus
Kunhimoosa S/o Kunhi Mammu – Respondent
ORDER :
1. These revision petitions are against the two orders passed by the trial court in a subsequent suit in O.S. No. 61/2021 by the plaintiff. The subject of C.R.P. No. 68/2023 is the order passed rejecting an application to pass a decree on admission under Order XII Rule 6 C.P.C by the trial court. C.R.P. No. 134/2023 is against the order dismissing an application for attachment before judgment in that suit.
2. The application submitted by the plaintiff in I.A. No. 1/2023 in O.S. No. 61/2021 is for getting a decree under Order XII Rule 6 C.P.C. based on the admission in the written statement submitted by the defendant. The suit is admittedly for recovery of licence fee based on agreement for licence. The arrears of licence fee comes to Rs. 3,76,98,040/- (Rupees Three Crores Seventy Six Lakhs Ninety Eight Thousand and Forty only). The pleading in paragraph 14 of the written statement admits payment of licence fee upto the month of April, 2020 as per cheque No. 126495 dated 10/8/2020. Further, it is stated that the defendant did not avail the benefit of COVID 19 pandemic as alleged by the plaintiff. He did not have any pleading that the subsequent monthly licence fee was paid or
The court established that disputes arising from license agreements for properties used exclusively for trade qualify as commercial disputes under the CC Act.
The court confirmed the trial court's ruling that the counter-claim is a commercial dispute under the Commercial Courts Act, emphasizing the importance of clear admissions in legal proceedings.
The court confirmed that the counter-claim is a commercial dispute under the Commercial Courts Act, emphasizing the need for clear admissions for invoking judgment on admissions.
Revisional applications - Scope of assumption of jurisdiction by Commercial Court - No question of bar to revisions against interlocutory orders passed by Commercial Courts Act arises in present case....
A dispute arising from an agreement to sell immovable property used for trade is a commercial dispute, mandating resolution in a Commercial Court, as clarified by statutory definitions.
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