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REKHA BORANA
Jodhpur Vidhyut Vitran Nigam Limited – Appellant
Versus
Mahadev Trading Company – Respondent
JUDGMENT
Rekha Borana, J. - The present petition has been filed against order dated 01.09.2022 passed by the District Judge, Jodhpur Metropolitan, Jodhpur whereby the application under Order VII Rule 11 of the Code of Civil Procedure as preferred by defendants has been rejected.
2. The case of the petitioners is that the dispute as raised before the Court below pertained to a commercial transaction and therefore, the suit before the District Court was not maintainable as the same ought to have been filed before the Commercial Court.
3. Learned counsel Mr. N.R. Choudhary puts in appearance on behalf of the respondent-Company.
4. Both the learned counsel agree that the dispute pertains to a commercial transaction and therefore, the Commercial Court would have the jurisdiction in the present matter.
5. Order VII Rule 10 of the Code of Civil Procedure provides that a plaint can be returned to the plaintiff at any stage to be presented to the appropriate Court if the Court reaches to the conclusion that the plaint as filed would not be maintainable before the Court wherein it has been filed.
6. In view of the above provision, the present writ petition is disposed of with a direction to the D
Jurisdiction over commercial transactions and the application of procedural rules for returning plaints to the appropriate Court.
The necessity for specific findings on lack of jurisdiction to return the plaint and the correct procedure to be followed in such cases.
The court emphasized the importance of correctly applying the provisions of the Commercial Courts Act, specifically Section 15(2), in transferring pending suits involving commercial disputes of speci....
The nature of a suit cannot change based on the judge before whom it is listed.
The main legal point established in the judgment is that the Commercial Courts Act does not exclude the application of Section 24 of the CPC to commercial disputes of a specified value, and the power....
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