TaxTMI 
TaxTMI 
2021 (12) TMI 1536
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....al Suit, the petitioner (original defendant) filed Notice of Motion No. 877 of 2021 requesting the Court to exercise the powers under Order 7 Rule 10, sub-Section (1) of the Code of Civil Procedure, to return the plaint to the plaintiff. The affidavit in support of Notice of Motion pleaded that the plaintiff in the plaint has admitted that the suit transaction is a friendly loan, of which the refund is sought and the defendant has filed written statement on record in which the and existence of any commercial relationship or any commercial transaction, attracting the provisions of Commercial Courts Act, 2015, was denied. The Notice of Motion was based on a pleading that the Suit of the plaintiff do not fall within the purview of 'commercial transaction' contemplated under Section 2(c) of the Commercial Courts Act, 2015 and hence the Suit is liable to be returned. 4. The Notice of Motion was responded to, by the plaintiff by filing an affidavit, wherein it is set out that the word 'commercial' before the word 'summary suit' is a mistake and it is clearly admitted that it is not a commercial suit and the following statement is made in para 9 to the following effect : "9. I....
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.... existing one, for speedy disposal of high value commercial disputes, which involve complex question of fact and law. The object in bringing the said legislation is early resolution of commercial disputes which create a positive image to the investors over the world about the independent and responsive Indian legal system. Emphasizing on the ease of doing business, the Act provide for constitution of Commercial Courts, Appellate Court and Commercial Division for adjudicating commercial disputes of specified value and matters connected therein. The definition clause clarify what would amount to a 'commercial dispute' and Section 2(c), encompass what dispute would fall within the purview of a 'commercial dispute'. Clause (i) of Section (c) cover the ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents, including enforcement and interpretation of such documents. The word 'commercial' as per Websters Dictionary convey, being occupied with or engaged in commerce or work intended for commerce; designed for a larger market. Commerce is the conduct of trade among economic agents. Generally, commerce refers to the exchange of ....
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....C, 585, the Hon'ble Apex Court has expatiated about which dispute would fall within the ambit of Section 2(1)(c) in the backdrop of the statements of objects and reasons of the Act of 2015 along with various amendments in the Code of Civil Procedure, specifically made applicable to the Suits of commercial dispute. The words, in which the nature of 'commercial dispute' has been enunciated by His Lordship S. Bopanna can be reproduced as under :- 13. In that regard, the learned senior advocate has referred to the statement of objects and reasons with which the Commercial Courts Act, 2015 is enacted so as to provide speedy disposal of high value commercial disputes so as to create the positive image to the investors world about the independent and responsive Indian Legal System. Hence, he contends that a purposive interpretation be made. It is contended that a wider purport and meaning is to be assigned while entertaining the suit and considering the dispute to be a commercial dispute. Having taken note of the submission, we feel that the very purpose for which the CC Act of 2015 has been enacted would be defeated if every other suit merely because it is filed before the Comme....
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....bject and purpose of the establishment of the Commercial Courts and fast tracking procedure provided under the Act, the statutory provisions of the Act and the words incorporated thereon are to be meaningfully interpreted for quick disposal of commercial litigations so as to benefit the litigants especially those who are engaged in trade and commerce which in turn will further economic growth of the country". In the wake of the aforesaid insight thrown on the nature of commercial dispute, it has become necessary to adopt a careful approach in scrutinizing, whether a dispute would fall within the purview of 'commercial dispute', as if not, it would unnecessarily consume the time of the Commercial Court, which is meant for speedy disposal of high commercial disputes and the ordinary civil disputes which cannot be classified as 'commercial disputes' must be permitted to be tried in normal suit, which are to be tried by a well defined procedure prescribed in the Code of Civil Procedure, by following the pursuit provided in the Code, for such types of Suit. 11. Mr. Ganesh Murthy, learned counsel is justified in placing reliance upon the decision of the Calcutta High Court in Ladym....