Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu,J
Teliz Realtors – Appellant
Versus
JTL Projects Private Limited – Respondent
JUDGMENT :
K. BABU, J.
The petitioners, plaintiffs in a suit for recovery of money, challenge Ext.P4 judgment of the trial Court transferring the suit to the Commercial Court under Section 15 of the COMMERCIAL COURTS ACT . Respondents are the defendants. The plaintiffs instituted O.S.No.380 of 2010 before the Subordinate Judge’s Court, Ernakulam, seeking recovery of Rs.3,61,73,477/-. Plaintiff No.1 is M/s Teliz Realtors, a partnership firm, having its office at Thiruvananthapuram represented by its Managing Partner. Defendant No.1 is M/s JTL Projects Pvt. Ltd. Ernakulam, represented by its Managing Director.
2. The plaintiffs pleaded that defendant Nos. 2 and 3 formed a sham company and defrauded the plaintiffs by giving false promises and obtained hefty amounts. Defendant Nos. 2 and 3 declared through published materials that the intention behind the company was to make a housing project. According to the plaintiffs, the defendants, with fraudulent and dishonest intention to deceive them, made the plaintiffs to transfer large sums of money to their accounts. The plaintiffs pleaded that the defendants, while receiving the amount, fully knew that the same were being received without t
Fraudulent transactions do not constitute a commercial dispute under the Commercial Courts Act, and jurisdiction lies with Civil Courts.
Commercial disputes under Section 2(1)(c)(vi) of the Commercial Courts Act must pertain to agreements that exhibit commercial characteristics beyond private contracts, requiring strict interpretation....
Disputes arising from construction and infrastructure contracts are considered commercial disputes under the Commercial Courts Act, 2015, thereby granting jurisdiction to commercial courts to adjudic....
Point of Law : Commercial Court has jurisdiction to adjudicate the dispute flowing out of ‘joint venture agreement’.
The court reaffirmed that disputes involving contracts for construction and development, such as the MOU in question, fall within the jurisdiction of commercial courts under the Commercial Courts Act....
The main legal point established in the judgment is the application of Section 15 of the Commercial Courts Act, 2015 for transferring suits involving commercial disputes to the Commercial Division, b....
Misappropriation of funds from a current account qualifies as a commercial dispute under Section 2(1)(c) of the Commercial Courts Act, 2015, allowing the Commercial Court to have jurisdiction over th....
The court affirmed that Section 24(5) of the CPC allows for transferring cases from civil to commercial courts, even amidst jurisdictional uncertainties, emphasizing the importance of existing proced....
The court affirmed that Section 24(5) of the C.P.C. permits transferring a suit lacking jurisdiction to a Commercial Court, while addressing the provisions of the Commercial Courts Act concerning jur....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
