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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.POORNIMA
Amaravathi Sri Venkatesa Paper Mills Limited – Appellant
Versus
Raju Thangavelu – Respondent
ORDER :
G.R. Swaminathan, J.
Heard the learned Senior Counsel for the petitioner and learned counsel for the first respondent/plaintiff.
2. This petition has been filed under Section 24 of CIVIL PROCEDURE CODE for transferring O.S.No.470 of 2024 from the file of the Additional District Court, Palani to the file of Commercial Court, Dindigul. The first respondent has filed the said suit for specifically enforcing the suit agreement 26.10.2021. According to the plaintiff/first respondent herein, sale agreement was executed by the petitioner herein in his favour.
3. We questioned the petitioner as to why this transfer petition was straightaway filed before this Court under Section 24 of the CIVIL PROCEDURE CODE without moving the Principal District Judge, Dindigul in the first instance. In response to the aforesaid query, the learned Senior Counsel for the petitioner drew our attention to the decision reported in2024 SCC OnLine Del 143 ( Namita Gupta Vs. Suraj Holdings Limited ). It was held therein that in cases involving commercial disputes under the COMMERCIAL COURTS ACT , 2015, the power under Section 24 of CIVIL PROCEDURE CODE to transfer suits is not available to the Principal D
Jurisdiction to transfer a suit under Section 24 of CPC is concurrent for High Court and District Court; commercial suits must be filed in designated courts.
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....
The central legal point established in the judgment is the delineation of the jurisdiction of the Principal District Judge or the Chief Judge, City Civil Court in transferring cases, particularly in ....
The main legal point established in the judgment is the appealability of orders under Section 13 and Section 15 of the Commercial Courts Act, 2015, and the interpretation of the relevant provisions o....
Appeals from decrees of Commercial Court and Commercial Division. The present Regular First Appeal has not been preferred under Section 13 of the Act but under Order XLI, Rule 1 and 2 of CPC.
A dispute arising from an agreement to sell immovable property used for trade is a commercial dispute, mandating resolution in a Commercial Court, as clarified by statutory definitions.
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