Order 1

Order Details: Order below exhibit
Pdf Text: CS No.100173 / 2020,
Syntel – Knight
Order (Exh.8) 1 of 2
Commercial Suit No. 100173 / 2020
Syntel International Vs Knight Frank Property
Order below Exhibit 8
(Delivered on this 29th Day of September, 2023)
Plaintiff has prayed for conversion of his Regular Suit
No.100173 of 2020, into Commercial Suit.
2) Heard Learned counsels, Shri Amit Khairvar, Smt.
Swati Chandan, Smt. Divya Patil for Plaintiff and Shri R. U.
Saxsena for defendant.
3) Plaintiff has preferred total three Suits for recovery of
various amounts. As per plaintiff, out of those three Suits, he got
two suits converted into Commercial Suit as
Commercial Suit
No.100561 / 2021 and
Commercial Suit No.562 / 2021. However,
third suit i.e. present
Regular Suit No.100173 of 2020 remained
to be converted. Present suit deals with commercial transaction.
Hence, plaintiff is seeking necessary directions for conversion of
this suit to a commercial suit.
4) Application is opposed by defendant on ground of
maintainability. It is also contended that, if Suit is converted, then
parties be directed to appear for pre-institution mediation and
defendant be permitted to file additional Written Statement.
Conclusion :
5) Plaintiff contended in Suit that, there was Agreement
between the parties regarding providing services relating to
Management and Information Technology, against which the
defendant has defaulted the payment. Hence, it is dispute of
commercial nature. Defendant, in its Written Statement, has
admitted execution of Agreement for providing services relating
to Management and Information Technology. So, prima facie, the
dispute pertain to commercial nature.
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CS No.100173 / 2020,
Syntel – Knight
Order (Exh.8) 2 of 2
6) Suit is filed on 02.01.2020. Thereafter, plaintiff
converted other suits, but, took no steps regarding this suit, for as
long as three years. Whatever case may be, considering the
pleadings of the plaintiff and defendant, then, for proper
adjudication of dispute between parties, the application deserves
to be allowed. Considering the delay, it would be just and proper
to allow the application subject to costs. In given circumstances,
costs of ₹.5,000/- will suffice. Hence, following order :
ORDER
1. Application at Exh. 8, is allowed, subject to Cost of .	₹
5,000/- ( . Five Thousand Only).
₹
2. Plaintiff shall pay cost of . 5,000/- to defendant, by
₹
next date.
3. Thereafter, Registry of this Court shall re-register the
Suit in appropriate category and shall assign the Suit to
appropriate Court, as per Rules.
4. Plaintiff shall comply Order by 13.10.2023.
5. It is made clear to both plaintiff and defendant that,
their pleading, which they have filed before this Court
shall be part and parcel of the proceeding before
Transferee Court, irrespective of stage and nature of
new Suit. After transfer, the Suit shall be subjected to
the stage, which is decided by the Transferee Court.
6. Parties be informed about their right to challenge this
Order and period of limitation for it.
7. Application Exh. 8 is disposed off, accordingly.
8. Order dictated and pronounced in Open Court.
9. Record of Exhibit 8 shall be part and parcel of the S.C.
Suit No. 100173 / 2020.
Mumbai
Dated : 29.09.2023 (Vijay S. Hingne)
District Judge, Court Room No.31
City Civil & Sessions Court,
Greater Mumbai
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