[3397]

Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith,the High Court may be pleased topleased to transfer the suit O.S.25/2022 on the file of Hon'ble VIII Additional District Court-cum- Famil Court, Eluru to the Commercial Courts, at Vijayawada as per Section 2(c) and Section 3 of Commercial Courts Act r/w. section 9 and O.VII, R.IO of CPC

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant stay of all further proceedings in O.S.25/2022 on the file of Hon'ble VIII Additional District Court-cum-Family Court, Eluru, pending disposal of my transfer petition

The Court made the following:

ORDER:

The petitioner herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908 (for short, ‘the C.P.C.’), seeking to transfer the O.S.No.25 of 2022, on the file of learned VIII Additional District Court-cum-Family Court, Eluru, and to transfer the same to the Court of the Commercial Courts, Vijayawada, for trial and disposal.

2. The case of the petitioner in brief is as follows:

I. The respondent herein is a manufacturer and supplier of fish feed of all varieties. The respondent filed a Civil Suit in O.S.No.25 of 2022 on the file of the learned VIII Additional District Court-cum-Family Court, Eluru, against the petitioner for recovery of Rs.2,76,75,548/-, on the ground of it being manufacturer supplied of floating feed i.e., 24/4 and 28/4 variety from 01.10.2019 to 31.03.2020 and from 24.05.2021 to 27.05.2021.

II. The petitioner further pleaded that being manufacturer and supplied floating feed to fishes of the petitioner/Defendant and as such the nature of the suit and transactions claimed by the plaintiff are commercial in nature, but filed the suit for recovery of amount against the petitioner before the learned VIII Additional District Court-cum-Family Court, Eluru, which is against principles of Commercial Courts Act.

III. The petitioner further pleaded that as per Section 2(c) and Section 3 of the Commercial Courts Act r/w Section 9 and Order VII Rule 10 of CPC, the learned VIII Additional District Judge-cum-Family Court, Eluru, has no jurisdiction to try the suit in O.S.No.25 of 2022 and the Commercial Courts only have the jurisdiction to resolve the dispute between the parties. The petitioner further pleaded that the dispute in between both the parties is a commercial dispute for more than Rs.1,00,00,000/- and as such, the petitioner is constrained to file this present petition.

3. Heard Mr.K.H.V.Siva Kumar, learned counsel for the petitioner. Though the notice was served on the respondent, none appeared for the respondent. Therefore, ‘service is held sufficient’. Perused the material on record.

4. The material on record prima facie show that the report has been received from the Presiding Officer of the learned VIII Additional District Judge-cum-Family Court, Eluru, wherein it is narrated in detail that the present suit in O.S.No.25 of 2022 on the file of the learned VIII Additional District Judge-cum-Family Court, Eluru, is a transaction which involves a commercial dispute and the Civil Court has no jurisdiction.

5. On considering the said report and also considering the averments made in the affidavit filed by the petitioner, this Court is of the considered view that it is a fit case to allow the transfer civil miscellaneous petition, since the suit transaction which involves a commercial dispute and O.S.No.25 of 2022, on the file of learned VIII Additional District Judge-cum-Family Court, Eluru, is hereby withdrawn and transferred to the file of the Commercial Court, Vijayawada.

6. In the result, the transfer civil miscellaneous petition is allowed, and O.S.No.25 of 2022, on the file of learned VIII Additional District Judge-cum-Family Court, Eluru, is hereby wi