ORAL JUDGMENT

Date : 19-04-2023

1. The petitioner by way of this writ petition has prayed as under:-

“ 1. A. An appropriate writ, order or direction commanding the respondents specially the respondent no.2 and 3 to make payment of the balance amount of Rs.1,89,062/- an odd alongwith interest @ 18% per annum on the entire amount of Rs.4,53,608/- upto 6.12.2022 and on the balance amount of Rs.1,89,062/- an odd from

7.12.2022 till payment, be issued.

B. An appropriate writ, order or direction commanding the respondents to make payment of the entire amount within a time frame be issued.

C. For grant of any other relief or reliefs for which petitioner is entitled in the fact and circumstances of the case.”

2. The Commercial Courts Act, 2015 came into force w.e.f. 31.12.2015. As per Section-2 (C) of the Commercial Courts Act, the commercial disputes is defined as under:

“2 (c) "commercial dispute" means a dispute arising out of--

(i) ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents, including enforcement and interpretation of such documents;

(ii) export or import of merchandise or services;

(iii) issues relating to admiralty and mar