A.No.2839 of 2022

A.No.2839

of 2022

in

C.S.No.77 of 2022

C.SARAVANAN, J.

This application has been filed by the defendant to reject the plaint

filed in the above suit under Order VII Rule 11 of CPC. It is the specific

case of the applicant/defendant that the suit has been over valued to contrive

the jurisdiction of this Court and therefore the suit is also barred under law

and therefore the plaint is liable to be rejected under Order VII Rule 11 of

CPC. Specifically, a reference is made to Section 12 (1)(a) of the

Commercial Courts Act, 2015 and the requirements contemplated in Order

VII Rule 2A of CPC has amended for the purpose of Commercial Courts

Act, 2015.

2.It is submitted that the plaint is silent regarding the calculation of

interest as required under Order VII Rule 2A of CPC has amended for the

purpose of Commercial Courts Act, 2015.

3.The learned counsel for the applicant/defendant has relied upon the

decision of the Madhya Pradesh (Jabalpur Bench) in the case of Vinod

Kumar Tamrakar Vs. Mukesh Kumar Agrawal in W.P.No.16296 of

1/7

https://www.mhc.tn.gov.in/judis

A.No.2839 of 2022

2005, wherein, it has been held the objection of the de