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2020 Supreme(Mad) 1179

R.SUBBIAH, T.KRISHNAVALLI
Integrated Finance Company Limited – Appellant
Versus
Garware Marine Industries Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.P. Raman.
For the Respondent: Satish Parasaran for R. Parthasarathy.

JUDGMENT :

R. SUBBIAH, J.

1. This Original Side Appeal is filed by the appellant against the judgment and decree dated 26.10.2018 passed in Application No. 4804 of 2018 in C.S. No. 591 of 2010. The said Application No. 4804 of 2018 has been filed by the respondent herein under Order VII Rule 11 of the Code of Civil Procedure (in short CPC) to reject the plaint in C.S. No. 591 of 2010. By the said order dated 26.10.2018, the learned single Judge held that the dispute involved in the suit is not an ordinary transaction engaged in by merchants, bankers, financiers or traders and as such it would not fall within the scope and ambit of Section 2(1)(c) of The Commercial Courts Act, 2015 (in short Act). After holding so, the learned single Judge directed the application to be posted for further hearing on merits. In effect, it was held by the learned single Judge that the dispute between the parties is not a commercial dispute falling within the scope and ambit of the Act.

2. For the purpose of disposal of this appeal, certain facts are necessary and they are elucidated hereunder.

3. The appellant herein is carrying on business in Hire Purchase and Lease Financing. They are having their regis

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