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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Rekha Borana, J.
Jodhpur Vidhyut Vitran Nigam Limited & Ors. – Appellant
Versus
M/s Mahadev Trading Company – Respondent
S.B. Civil Revision Petition No. 181 of 2022
Decided On : 21-12-2022
Jurisdiction - Commercial Transaction - The court directed the District Court to return the plaint to be presented before the Commercial Court, as the dispute pertained to a commercial transaction and fell under the jurisdiction of the Commercial Court.
Fact of the Case:
The petition was filed against the rejection of an application under Order VII Rule 11 of the Code of Civil Procedure by the District Judge, Jodhpur Metropolitan, as the dispute pertained to a commercial transaction.
Finding of the Court:
The court found that the dispute pertained to a commercial transaction and therefore, directed the District Court to return the plaint to be presented before the Commercial Court.
Issues: Jurisdiction over commercial transactions, application of Order VII Rule 10 of the Code of Civil Procedure.
Ratio Decidendi: The court applied Order VII Rule 10 of the Code of Civil Procedure, which allows for the return of a plaint to be presented to the appropriate Court if the Court concludes that the plaint as filed would not be maintainable before the Court wherein it has been filed.
Final Decision: The petition was disposed of with a direction to the District Court to return the plaint as preferred by the plaintiff to be presented to the respective Commercial Court.
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 District Court to return the plaint as preferred by the plaintiff to be presented to the respective Commercial Court. The District Court shall, while passing the order for returning of the plaint, also fix a date of appearance by the parties before the Commercial Court in terms of Order VII Rule 10A CPC.
7. All the pending applications also stand disposed of.
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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