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2024 Supreme(Online)(MP) 8131

HIGH COURT OF MADHYA PRADESH
SUSHRUT ARVIND DHARMADHIKARI, SHRI JUSTICE GAJENDRA SINGH, JJ
M/S Suman Infrastructure Private Limited Government Contractor Through Its Partner Shri Arun Awasthi – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Shekhar Sharma,Advocate General

ORDER

Per: Gajendra Singh J.

Since the issue involved in these Misc. Petition is similar thus they are being decided by this common order. For the sake of convenience the facts of the Misc. Petition No.3923/2023 are being taken to decide the controversy involved herein.

This Misc. Petition under Article 227 of the Constitution of India is preferred challenging the order dated 24.06.2023 in Commercial Case No.7/2021 of Commercial Court (District Judge Level), Indore whereby the case instituted on the plaint of the petitioner has been returned to the Court of XIth Additional District Judge, Ujjain for disposal on the ground that the subject matter of the Suit is not a commercial dispute of specified value.

Facts of the case in short are as under;-

[2]. The petitioner filed a plaint (Annexure P/2) before the Court of District Judge, Ujjain on 10.11.2017 seeking relief of declaration that the order of termination of the work of construction of Kiloli Lakhesra Road on 14.02.2013 be declared null and void and permanent injunction in favour of the plaintiff and against the defendant be issued directing the defendants to determine the contract agreement under clause 14 of the condition of the c

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