Bombay High Court
Aj Organica Private Limited And Others vs The State Of Maharashtra And Others on 4 September, 2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 WRIT PETITION NO. 6963 OF 2024
AJ ORGANICA PRIVATE LIMITED AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Mr. Totala Rahul A/w. Naserali Rizvi & Avait
Raorane i/b. Vertices Partnets i/b. Rahul Totla
AGP for Respondent/State : Mr. S.N. Kendre
Advocate for Respondent 2 : Mr. Jamshed Master a/w. S.V. Deshmukh
...
CORAM : ARUN R. PEDNEKER, J.
Dated : September 04, 2024 PER COURT :-
1. The issue involved in the present writ petition is that, whether the civil court has jurisdiction to transfer the Civil Suit to appropriate court or should return the plaint to file it before the appropriate court when the Civil Court comes to the conclusion that the suit is of commercial nature and needs to be adjudicated by the commercial Court ?
2. The learned counsel for the petitioner submits that civil court has no jurisdiction to transfer the suit to commercial court and relied upon the judgment of the Delhi High Court in the case of Virender Kumar V. Rekha Bhayana reported in 2022 SCC OnLine Del 2678.
3. List this matter for hearing on 25.9.2024 after fresh admission matters are over.
( ARUN R. PEDNEKER, J. ) ssc/