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BOMBAY HIGH COURT
M. S. SONAK, J
Smt Cruzinha Fernandes – Appellant
Versus
Dr. Rui Furtado – Respondent
| Table of Content |
|---|
| 1. arguments presented for legal interpretation and jurisdiction. (Para 1 , 2 , 3) |
| 2. commercial courts act defines actual use of properties in trade. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court resolved jurisdictional issues based on supreme court precedent. (Para 9) |
| 4. final decision to set aside the impugned order. (Para 10 , 11 , 12) |
ORAL JUDGMENT:
1. Heard Mr J. Abreu Lobo for the Petitioner and Mr R. G. Ramani, learned Senior Advocate who appears along with Ms K. Betquecar for the Respondents No.2 to 18, 19, 21 and 22 to 31.
2. Mr Lobo states that service is complete in this matter. On 16.03.2023, an order was made placing this matter for final disposal at the admission stage.
3. Accordingly, Rule. The Rule is made returnable immediately.
4. The challenge in this petition is to the order dated 17.06.2019 by which the Trial Court allowed an application filed by defendants no.2 to 18 in the Suit and transferred the Suit to the Commercial Court at Margao. The Trial Court held that the dispute between the parties was a “commercial dispute” as defined under Section 2 (1)(c)(vi) and Section 2 (1)(c)(vii) of the Commercial Courts Act, 2015 (said Act).
5. From the perusal of the plain
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