The maintainability of a suit raises preliminary issues that must be resolved before trial proceedings can continue.

JUDGMENT

The original petition has been filed, praying for a direction to the Subordinate Judge, Palakkad to complete the trial in O.S.No.206 of 2023 and O.S.No.114 of 2023 within a brief time frame. O.S.No.206 of 2023 has been filed by the respondent, praying for an injunction against the plaintiff from interfering with the conduct of his business by the respondent. O.S.No.114 of 2023 is a suit filed by the petitioner praying for recovery of a sum of Rs.1,43,00,537.53 with future interest at the rate of 12%, which are claimed as arrears of licence fee payable for use and occupation of the plaint schedule premises. The respondent has entered appearance and a contention is raised that the dispute involved is a commercial dispute as defined in the Commercial Courts Act 2015 and the question of maintainability of the suit itself has to be decided before a direction is issued by this Court for expediting the trial.

2. The contention of the petitioner is that the suit is based on a licence and does not become a commercial dispute merely because a commercial activity is carried out in the premises. According to the petitioner, the respondent had already agreed to vacate the premises within two months, but has not done so. It is also submitted that an application under Order XII Rule 6 has been preferred in O.S.No.206 of 2023 seeking a judgment on admission by the party. The respondent has not filed written statement in O.S.No.114 of 2023. The plea regarding maintainability has been raised before this Court in defence of the prayer for early trial. The parties have referred to three judgments of this court and a judgment of the Hon’ble Supreme Court, which deal with the commercial disputes and the court fee payable. I am not going into the merits of those contentions, since these are contentions which ought to be taken before the court below at the first instance.

In the above circumstances this original petition is disposed of directing the respondent to file his written statement in O.S.No.114 of 2023 within two weeks from today. If the respondent is raising the question of maintainability of the suit, the same shall be heard and decided within two weeks therefrom. The application filed by the petitioner under Order XII Rule 6 shall also be heard while deciding on the maintainability of the suit. The Subordinate Court, Palakkad shall post these cases on 12.02.2024 to ensure that the written statement, as directed, has been filed, and post the case to subsequent dates for the hearing, so as to complete within the time line fixed.