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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ASHISH SHROTI
Hema Sharma – Appellant
Versus
New Agrawal Constructin Proprietor Deepak Airen – Respondent
| Table of Content |
|---|
| 1. jurisdiction on commercial disputes (Para 1 , 2 , 3 , 4 , 5) |
| 2. mandatory transfer of cases to commercial court (Para 8 , 9) |
| 3. trial court must consider full context (Para 10 , 11 , 12) |
| 4. strict interpretation of commercial disputes (Para 15 , 16) |
| 5. absent commercial elements in private contracts (Para 19 , 20) |
ORDER :
ASHISH SHROTI, J.
1. The question that arises for consideration in this civil revision is as to whether the impugned order, dated 28.05.2024, passed by 7th District Judge, Gwalior in RCSA No.8/2015, refusing to transfer the suit filed by non-applicant/plaintiff under Section 15 (2) of Commercial Courts Act, 2015 (in short 'Act') to the concerned Commercial Court, was justified in the facts and circumstances of this case. It is the submission of applicants (hereinafter referred as 'defendants') that although the suit filed by non-applicant (hereinafter referred as 'plaintiff') pertains to a prayer for grant of decree for specific performance of agreement, dated 10.10.2013, by applying definition of 'commercial dispute' as defined under Section 2 (1)(c)(vi) of the Act, the subject matter of the suit is a commercial dispute and by virtue of Section 15 (2
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....
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.
A commercial dispute must have implications beyond the contracting parties, and not every construction agreement qualifies as such.
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 court clarified that distinct causes of action in two separate suits prevent dismissal under Order II Rule 2, and determined that the present dispute did not qualify as a commercial dispute under....
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 ....
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