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2021 Supreme(HP) 862

VIVEK SINGH THAKUR
Haripriya Mann – Appellant
Versus
Sonal Chaudhri Dhillon – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ajay Kumar, Senior Advocate and Sumit Sood, Advocate
For the Respondents:Bhupinder Gupta, Senior Advocate and Janesh Gupta, Advocate

ORDER :

Vivek Singh Thakur, J.

1. This suit has been filed by plaintiff for partition by metes and bounds and for separate possession of the suit property detailed in cause title of the plaint and also for mandatory injunction and permanent perpetual prohibitory injunction and declaration etc., as prayed in the prayer clause of the plaint.

2. Though this suit was filed by plaintiff as an ordinary Civil Suit, but at the time of registration, Registry has registered it as a Commercial Suit assigning number as COMS 44 of 2018.

3. Commercial dispute is to be adjudicated in a Commercial Suit and the commercial dispute has been defined in Section 2(c) of the

Commercial Courts Act, 2015, which reads as under:-

    "(c) "commercial dispute" means a dispute arising out of-

(i) ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents, including enforcement and interpretation of such documents;

(ii) export or import of merchandise or services;

(iii) issues relating to admiralty and maritime law;

(iv) transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters, including sales, leasing and financing of the same;

(v) carriag

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