Interim Order 1

Order Details: Order below exhibit
Pdf Text: 1 Exh.8 in Suit 220-2021
MHCC010049942020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
ORDER BELOW EXHIBIT-8
IN
S. C. SUIT NO.220 OF 2021
Rekha Suresh Wakode ] .. Plaintiff
Versus
Sudhakar Vitthal Narvekar ] .. Defendant.
Appearance :-
Ld. Adv. Vijay Thakur for plaintiff.
Ld. Adv. Rahul Raut for defendant
CORAM : HER HONOUR JUDGE
SMT. ANITA B. SHARMA
COURT ROOM NO.03
DATE : 18/01/2024
ORDER
The plaintiff has filed this application praying for
conversion of present suit into the commercial suit.
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2 Exh.8 in Suit 220-2021
2. It is the contention of the plaintiff that the present suit is
filed for injunction and other reliefs. The plaintiff has also sought
declaration that the defendant is liable to pay sum of Rs.35,00,000/- as
per the prevailing market rate of the flat and also for the directions to
the defendant to handover the suit premises/flat to him. She further
submits that the issue of the present suit is in respect of recovery of
money of the flat. The said transaction is in respect of the recovery of
money from the defendant and the suit must be decided at the earliest
in the interest of justice. Therefore, the plaintiff prays to convert the
suit into the commercial suit.
3. The defendant has resisted the application by filing say at
Exhibit-9 and thereby submits that the dispute between the plaintiff and
the defendant does not fall within the ambit of commercial dispute as
defined under section 2(1)(i) of the Commercial Courts Act, 2015,
therefore the defendant is seeking to reject the application.
4. Perused the application, say and record. I have also
perused the written arguments filed by the plaintiff.
5. The dispute between the parties is in respect of the
transaction of flat and the plaintiff has paid a sum of Rs.5,22,500/- to
the defendant towards the consideration of the said flat. The dispute
between the parties does not fall within the meaning of commercial
dispute as defined under section 2(1)(i) of the Commercial Courts Act,
2015. The dispute between the parties is not relating to any mercantile,
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3 Exh.8 in Suit 220-2021
trading or finance purpose. Therefore, the present suit cannot be
converted into the commercial suit. In view of the aforesaid provision
and looking to the dispute between the parties, I do not find any
substance in the application. Hence, I proceed to pass the following
order.
ORDER
The application Exhibit-8 is hereby rejected.
(Smt. Anita B. Sharma)
Judge,
City Civil Court, Greater Bombay
Dated : 18/01/2024 C.R. No.03
Dictated on : 18/01/2024
Typed on : 19/01/2024
Signed on : 19/01/2024
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“Certified to be true and correct copy of the original signed order”.
19/01/2024
at about 5.08 p.m.
(Dastagir Babalal Mulla)
Stenographer Grade-I (Gazetted)
Court Room No.03, Gr. Bombay
Name of the Hon'ble Judge : Smt. Anita B. Sharma,
Judge, Bombay City Civil Court &
Addl. Sessions Judge,
Court Room No.03, Gr. Bombay
Date of pronouncement of
Order
: 18/01/2024
Order signed by Hon'ble Judge
on
: 19/01/2024
Order uploaded on : 19/01/2024
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5 Exh.8 in Suit 220-2021
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