SUPREME COURT OF INDIA
HRISHIKESH ROY, PRASHANT KUMAR MISHRA, JJ
S.P. VELAYUTHAM – Appellant
Versus
M/S EMAAR MGF LAND LIMITED – Respondent
Delay stand condoned as there have been several litigation including in this Court in pursuant to the impugned order that was passed by the learned Single Judge of the High Court on 04.12.2018.
2. Heard Mr. P.S. Patwalia, learned senior counsel appearing for the petitioners (defendants in the C.S. No. 169 of 2018). Also heard Mr. Gopal Sankaranarayanan learned senior counsel appearing for the respondent (plaintiff in the C.S. No. 169 of 2018).
3. The primary challenge in these Special Leave Petitions is to the order dated 04.12.2018 whereunder, the learned Judge of the High Court held that the C.S. No. 169 of 2018 filed by the respondent-plaintiff is a commercial suit, within the meaning of Section 2(1)(c) of the Commercial Courts Act , 2015. The Court justified its decision, inter alia, by citing the ratio in Jagmohan Belal v. State Bank of Indore ( decided on 22.09.2017 ), Monika Arora v. Neeraj Kohli in CM(M) No. 850 of 2016 (decided on 01.09.2016) and Soni Dave v. Trans Asian Industries Expositions Pvt. Ltd. reported in AIR 2016 Del 186 .
4. On the other hand, to argue that this was a simple money recovery suit and cannot therefore be treated as a commercial suit, the defen
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