Interim Order 1

Order Details: Order below exhibit
Pdf Text: SUIT NO.104/2018
ORDER BELOW EXH.8
IN
SUIT NO. 104 OF 2018
(CNR NO. MHCC010000832018 )
Mr. Harilal Shah ….Plaintiff
Versus
Dena Bank Ltd. ….Defendant
ORAL ORDER
1) This is an application filed by plaintiff to
transfer the above suit to commercial suit under section 15
(2) of Commercial Suits Act, 2015. The defendant stated
that the suit was filed by plaintiff to recover the amount
and interest on the goods sold and delivered by the
defendant's thereon. Hence the above dispute falls under
Commercial Disputes.
2) The defendant filed reply at Exh. 9 and stated
that they do not have any objection for transfer of the suit.
3) Heard Adv. Ms. Zeenat Pirani for plaintiff and Adv.
Ms. Priyanka Rane for defendant.
4) Adv. Ms. Pirani has drawn my attention to
Section 2 (c)(i) of Commercial Courts Act, 2015 to show
that the transaction with defendant was a commercial
transaction relating to bank.
5) On perusal of pleading in the plaint, the
plaintiff is son and legal heir of deceased Velji Jhaku Shah
in whose name Saving Bank account was with defendant
bank. Now it is operated by plaintiff. The cheque book
-- 1 of 4 --
SUIT NO.104/2018
containing 25 leaves bearing No. 005701 to 005725 was
issued to the deceased by defendant bank. Except one
cheque bearing No. 005701 issued by the said deceased
and all other 24 cheques were in possession of the
deceased. However on 05.01.2015 the deceased noticed
that his bank account was debited by cheque No. 005714
for Rs. 4,95,300/ dt. 16.12.2014, cheque No. 005715 for
Rs. 4,85,620/ dt. 18.12.2014 and cheque No. 005720 for
Rs. 4,52,000/ dt. 20.12.2014 aggregating to sum of Rs.
14,32,290/. Though the above cheques were in
possession of the deceased, the above amount was debited
from his account. The deceased informed the defendant
bank by letter dt. 05.01.2015 that the above three cheques
are wrongly debited and also issued a letter dt.
16.01.2015 reporting fraudulent activity in the said bank
account and requested Colaba Police Station to file FIR.
The deceased expired on 02.09.2015.
6) The plaintiff has filed this suit for recover of
the above amount deducted from the Saving Bank Account
of deceased by the above cheques which were not at all
issued by the deceased and those cheques were with the
deceased.
7) Section 2 (c) defines 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”. The dispute should
be a commercial dispute arising out of the business
-- 2 of 4 --
SUIT NO.104/2018
transaction. The facts of the present case does not disclose
any transaction in connection with the business with
defendant. The deceased had maintained a Saving Bank
Account with the defendant bank. The suit is for recover of
the amount debited from his Saving Bank Account which
was not issued by the deceased and the cheques of the
numbers in dispute was with him. Therefore the said
dispute cannot be termed as Commercial Dispute under
Section 2 (c) (i) of Commercial Courts Act. The
application is not tenable. Hence pass following order :
ORDER
1. Application is rejected.
2. Accordingly application is disposed of.
( S.S.NAGUR )
Judge
Dt.: 12/03/2021 City Civil Court,
Gr. Mumbai
Dictated on : 12/03/2021
Typed on : 12/03/2021
Signed on : 12/03/2021
-- 3 of 4 --
“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF TYPIST
12.03.2021 & 5.55 pm : Mr. Mohit M. Patange
Name of the Judge (with Court no.) : HHJ Smt. S.S. Nagur
(CR no. 20)
Date of pronouncement of Judgment/ : 12.03.2021
Order
Judgment/Order signed by the P.O. on : 12.03.2021
Judgment/Order uploaded on : 12.03.2021
-- 4 of 4 --