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G. S. AHLUWALIA
Mohit Sadana – Appellant
Versus
Vijay Kumar Goyal – Respondent
ORDER
1. This civil revision has been filed against the order dated 21.2.2024 passed by Second Civil Judge, Junior Division, Shivpuri in RCSA No.120/2022, by which application filed by petitioner under Order 7 rule 11, CPC for rejection of plaint has been dismissed.
2. Facts necessary for disposal of present revision, in short, are that respondent filed a suit for eviction from the suit shop. The petitioner filed an application under Order 7 rule 11, CPC on the ground that since trade and business is being carried out by petitioner from the suit premises, therefore in view of section 2(1)(c)(vii) of the Commercial Courts Act, 2015 (for short “the Act”), jurisdiction of civil Court is barred and thus the civil Court should have rejected the plaint on the ground of lack of jurisdiction. To buttress his contention, counsel for petitioner has relied upon judgment passed by Calcutta High Court in the case of Maharshi Commerce Limited v. Rajiv R. Balani & Ors. decided on 10.11.2022 in CS/3/2019 (IA No. GA/6/2022).
3. Per contra, revision is vehemently opposed by counsel for the respondent. It is submitted that merely because the suit for eviction from the suit shop has been instituted on
An eviction suit under the M.P. Accommodation Control Act does not constitute a commercial dispute and is maintainable in Civil Court, not Commercial Court.
Revisional applications - Scope of assumption of jurisdiction by Commercial Court - No question of bar to revisions against interlocutory orders passed by Commercial Courts Act arises in present case....
The central legal point established in the judgment is the strict construction of the provisions of the Commercial Courts Act, the requirement to consider the nature of the proposed amendment before ....
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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