Interim Order 2

Order Details: Order below exhibit
Pdf Text: 1 OBE 1 in Comm. SU No.863-2021
MHCC010036722020
IN THE CITY CIVIL COURT AT MUMBAI.
(Court Room No.32)
ORDER BELOW EXH.1
IN
COMMERCIAL SUIT No.863 OF 2021
Zaverben Gangji Gala(Through Power of
Attorney holder Tokarshi Gangji Gala)
…PLAINTIFF
VERSUS
Hiten Hirji Gala …DEFENDANT
Shri. Rahul Tiwari, learned advocate for plaintiff
Smt. Neela Gala, learned advocate for defendant.
CORAM : DISTRICT JUDGE, SHRI VISHAL SADASHIVRAO GAIKE,
COURT ROOM No.32
O R D E R
(Delivered on 17/07/2023)
1. I have perused the contents of the plaint. According to the
plaintiff she has given financial assistance by way of loan to the
defendant. There is no pleading about any money lending license which
is issued in favour of the plaintiff. Therefore, it prima-facie appears that
plaintiff is not in the business of money lending hence, the dispute
between the parties is not covered in the definition of “Commercial
Disputes” as given in Section 2(1) (c) of the Commercial Court’s Act,
2015.
2. That in view of the above discussed position, the present
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2 OBE 1 in Comm. SU No.863-2021
suit is not triable as a Commercial Suit hence, the registry of this court
is hereby directed to re-register the suit and assign the matter to some
other court other than a Commercial Court. The plaintiff is directed to
appear before the concerned court on 8/8/2023.
(VISHAL SADASHIVRAO GAIKE )
DISTRICT JUDGE, CR No.32
Date : 17/7/2023. CITY CIVIL COURT,
Direct dictated on computer : 17/7/2023. GR.MUMBAI.
Transcribed on : 17/7/2023.
Signed on : 17/7/2023
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3 OBE 1 in Comm. SU No.863-2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
18/7/2023 at 1.00 p.m. Mrs. Rupali S. Bhor
Name of the Judge ( With Court
Room No.)
H.H.J. Shri Vishal S. Gaike
(Court Room No.32)
Date of Pronouncement of
JUDGMENT/ORDER
17/7/2023
JUDGMENT/ORDER signed by
P.O. on
17/7/2023
JUDGMENT/ORDER uploaded on 18/7/2023
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