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PANKAJ BHATIA
Shashank Gupta – Appellant
Versus
Vatika Nirman Private Limited – Respondent
| Table of Content |
|---|
| 1. background of the dispute initiated by the respondent. (Para 2 , 3 , 4) |
| 2. petitioner's application for dismissal of the suit. (Para 5 , 6) |
| 3. petitioner's argument against the maintainability of the suit. (Para 7 , 9) |
| 4. respondent's justification for the suit's commercial nature. (Para 8 , 10) |
| 5. consideration of the jurisdiction under the commercial courts act. (Para 11 , 12 , 14) |
| 6. interpretation of the definition of commercial dispute under the act. (Para 13 , 16) |
| 7. court observes necessity to restrict civil court jurisdiction for commercial matters. (Para 15) |
| 8. legal conclusion that the suit does not qualify as a commercial dispute. (Para 17 , 18) |
| 9. final order directing dismissal and return of the plaint. (Para 19 , 20) |
JUDGMENT :
PANKAJ BHATIA, J.
1. Heard Sri Brijesh Kumar Saxena and Sri Utkarsh Srivastava, learned Counsel for petitioner and Sri Sudeep Seth, learned Senior Counsel assisted by Sri Suyash Gupta, learned Counsel appearing on behalf of the respondent no. 1.
2. The present application has been filed by the petitioner challenging the order dated 03.08.2023, whereby the application filed by the petitioner for dismissal of the suit filed by the responde
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Commercial disputes under Section 2(1)(c)(vi) of the Commercial Courts Act must pertain to agreements that exhibit commercial characteristics beyond private contracts, requiring strict interpretation....
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