Final Order 1

Order Details: Order below exhibit
Pdf Text: ORDER BELOW EXHIBIT 1
IN
COMMERCIAL SUIT NO. 8 OF 2021
CNR NO. : MHCC010034832020
Manoj Vasudevan Nair … Plaintiff
Versus
Karan Nirmal Chhadwa … Defendant
Appearance:
Adv. Fatarfekar along with Adv. Shreyas Maheshwari for Defendant.
Adv. Aman Kacheria along with Adv. Sakshi Agarwal for Plaintiff.
CORAM : SHRI. A.S.SALGAR
ADHOC JUDGE,
(C.R.NO.31)
DATED : 6th OCTOBER 2022
ORDER
Today this Court has disposed off Notice of Motion No. 552
of 2022 and observed that the transaction between the parties is not a
commercial transaction. It is also observed that it is a loan transaction
and hence this Court has no jurisdiction to entertain the suit. Hence, it
is necessary to return the plaint as per Order VII Rule 10 of the Code of
Civil Procedure, 1908. Hence, I pass the following order :
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ORDER
1. In view of order passed in Notice of Motion No. 552 of
2022, the plaint in Commercial suit No. 08 of 2021 be
returned to the plaintiff for being presented to the Court in
which the suit should have been instituted.
2. Parties to bear their respective costs.
3. The Notice of Motion no. 1246 of 2020, Notice of Motion
No. 2190/2022 and Notice of Motion No. 552/2022 are
disposed off accordingly.
Dated : 06.10.2022 (A.S. Salgar)
Adhoc Judge,
City Civil Court
Gr. Mumbai.
Dictated on : 06.10.2022
Typed on : 06.10.2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
08.10.2022 4.00 p.m. Prachi Y. Potdar
Stenographer – Grade I
Name of the Judge HHJ Shri. A.S. Salgar
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
06.10.2022
Judgment/order signed by P.O on 08.10.2022
Judgment/order uploaded on 08.10.2022
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