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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Mala, J
Vinay Anand – Appellant
Versus
APJ Family Trust – Respondent
| Table of Content |
|---|
| 1. challenge to commercial nature of suit. (Para 1 , 2 , 3) |
| 2. limitations of art. 227 supervisory jurisdiction. (Para 4 , 5 , 6 , 7) |
| 3. requirement to pursue statutory appellate remedy. (Para 8 , 9 , 10) |
ORDER
The challenge in the civil revision petition is against the judgment and decree dated 21.08.2024 in C.O.S.No.125 of 2023 on the file of the Principal Commercial Court, Egmore, Chennai.
2.The Registry, having raised a doubt on the maintainability of the Civil Revision Petition, the same is posted before this Court for deciding the maintainability.
3.The primary contention advanced by the learned counsel for the petitioner is that the suit ought not to have been entertained as a commercial dispute, since the subject matter pertains to a loan secured as a mortgage, which, according to the petitioner, does not fall within the ambit of Section 2[1][c][i] of the Commercial Courts Act. It is further contended that the suit was projected as a commercial suit by suppressing the material facts and by fraudulently instituting a simple mortgage suit as a commercial dispute, thereby exposing the petitioner to the rigours and stringent provisions of the .
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