Interim Order 1

Order Details: Order below exhibit
Pdf Text: Comm.Suit No. 279/21. 1 Order below Exh.10.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
ORDER BELOW EXHIBIT 10
IN
COMMERCIAL SUIT NO. 279 OF 2021
M/s. A. R. Constructions )...Plaintiffs
Versus
Manojkumar Balendu Tiwari )...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(C.R.NO.31).
DATE : 4th SEPTEMBER, 2021.
Mr. Vinod Desai, Advocate for the plaintiffs.
Mr. Manohar Mandavkar, Advocate for the defendant.
ORDER
1. This is an application filed by the plaintiff for restoring the
suit from the category of the 'Commercial Suit' to the category of 'Short
Cause Suit'. Heard learned counsel Shri Vinod Desai for the plaintiff
and learned counsel Shri Manohar Mandavkar for the defendant.
2. On perusal of the record, it appears that immovable
property, which is subject matter of the suit, is residential premises.
Learned counsel Shri Vinod Desai pointed out section 2(c)(vii) of The
Commercial Courts Act. Considering this provision, it is necessary that
the immovable property in the agreement should have been exclusively
used in trade or commerce. Hence, this suit does not come under the
purview of section 2(c) of The Commercial Courts Act, 2015. Hence, I
pass the following order :
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Comm.Suit No. 279/21. 2 Order below Exh.10.
ORDER
1. Application (Exh.10) is allowed.
2. The suit be sent to the office of the Registrar (Civil) for re
registration under the category of 'Short Cause Suit' and for
reallotment to the appropriate Court.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
Date : 04/09/2021. Mumbai.
1. Dictated online on : 04/09/2021.
2. Signed on : 04/09/2021.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
04/09/2021. 3.46 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 04/09/2021.
Judgment/Order signed by P.O. on 04/09/2021.
Judgment/Order uploaded on 04/09/2021.
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