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2025 Supreme(Online)(Mad) 57525

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P.B. BALAJI
R.Radha @ RadhaRamalingam – Appellant
Versus
Madhan Raj Hindu Undivided Family – Respondent


COMMON ORDER

These Civil Revision Petitions have been filed to set aside the Order and Decreetal Order dated 02.01.2025 made in I.A. No.7 of 2024 in C.O.S. No.9 of 2022 & I.A. No.4 of 2024 in C.O.S. No.10 of 2023 on the file of the Commercial District Court, Salem.

2. These revisions have been filed challenging the dismissal of Interlocutory Applications filed by the revision petitioners, being defendants in two Commercial Suits, seeking rejection of the plaint.

3. Heard Mr.N.Jothi, learned Senior Counsel for Mr.S.Vinod, learned counsel for the petitioners and Mr.Arun Anbumani, learned counsel for Mr.N.Guruprasad, learned counsel for the respondent.

4. The arguments of the learned Senior Counsel Mr.N.Jothi, can be summarized as hereunder:

(i) The suit claim is for recovery of money based on promissory note and the same does not fall within any of the 22 categories enumerated under Section 2 (1)(c) of the Commercial Courts Act, 2015 (in short 'Act').

(ii) The promissory note can never be a commercial dispute, entitling the respondent to move the Commercial Court.

(iii) Neither the cause of action nor the averments and allegations of the plaint, vest jurisdiction with the Commercial Court.

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