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Issues: Whether the suit, founded on a friendly loan and dishonoured cheques, was a commercial dispute under Section 2(1)(c)(i) of the Commercial Courts Act, 2015, or a summary suit simpliciter.
Analysis: The nature of the suit had to be determined from the plaint averments. The statutory definition of commercial dispute is exhaustive and covers ordinary transactions only when they are between merchants, bankers, financiers, or traders and relate to mercantile documents or similar commercial dealings. A private lending arrangement between individuals, even if evidenced by a promissory note and cheques, does not by itself acquire a commercial character. The suit pleaded a friendly loan advanced to a friend, which was not shown to have arisen in the course of trade or business. The Commercial Courts Act does not obliterate the ordinary summary procedure under Order 37 of the Code of Civil Procedure, 1908.
Conclusion: The suit was not a commercial summary suit and had to be treated as a summary suit simpliciter.
Ratio Decidendi: For a dispute to fall within Section 2(1)(c)(i) of the Commercial Courts Act, 2015, the plaint must disclose an ordinary commercial transaction between the statutorily specified classes of persons, and a private loan transaction between individuals is not enough.
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