IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
A Rajendran – Appellant
Versus
Jayasree S S – Respondent
O R D E R This transfer petition has been filed by the petitioner/plaintiff seeking transfer of Commercial Suit No.1/2023 pending before the Commercial Court, Nedumangad, to the Sub Court, Nedumangad.
2.Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent.
3.The case of the petitioner is that there was an agreement between the petitioner/plaintiff and the respondent/defendant for purchasing the property. Pursuant to this agreement, the petitioner is said to have paid an advance amount of Rs. 25,00,000/- to the respondent. However, the petitioner is not interested in proceeding with the purchase of the property and therefore he has filed the commercial suit seeking recovery of Rs.25,00,000/-, the advance amount, from the defendant.
4.The respondent appeared and filed a written statement stating that the commercial suit is not maintainable and that the dispute does not pertain to a commercial matter. At this stage, the petitioner is said to have argued the matter regarding the maintainability and the additional issue framed were by the commercial court. The petitioner has now approached this court seeking transfer of the said case to
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