State Bank Of India vs Bombay Iron And Steel Labour Board
2023 Latest Caselaw 8767 Bom

                                                     4-COMMSS-91-2022.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                 ORDINARY ORIGINAL CIVIL JURISDICTION

                      IN ITS COMMERCIAL DIVISION

                INTERIM APPLICATION (L) NO.11006 OF 2023
                                  IN
                COMMERCIAL SUMMARY SUIT NO.91 OF 2022

STATE BANK OF INDIA                               )...APPLICANT

         V/s.

BOMBAY IRON & STEEL LABOUR BOARD                  )...RESPONDENT

Dr.Abhinav Chandrachud a/w. Mr.Saurish Shetye i/b. Mr.Abhishek
Bhaduri, Advocate for the Applicant/Original Defendant.
Mr.Prathmesh Bhanuwanshe i/by Mr.Sanjay Shinde, Advocate for the
Respondent/Original Plaintiff.

                          CORAM       :     ABHAY AHUJA, J.

                          DATE        :     28th AUGUST 2023

P.C. :

1. When the matter is called out, Dr.Chandrachud, learned Counsel

for the Applicant, submits that the Interim Application has been taken

out for return of plaint to be presented before an appropriate Court.

Learned Counsel would submit that since fraud and misappropriation

has been pleaded, the same cannot be a commercial transaction, and

therefore, the suit cannot be treated as a commercial suit under the

avk 1/2 4-COMMSS-91-2022.doc

Commercial Courts Act. Learned Counsel submits that, further, since

the writ of summons has already been served on the Defendant, the

Written statement would need to be filed within a period of 90 days,

with a grace of another 30 days, which learned Counsel submits that

the Defendant would file but by this very act, the Plaintiff has rendered

the suit as a Regular suit and the plaint be returned to be presented

before an appropriate Court.

2. Learned Counsel holding for the Respondent in the Interim

Application (Plaintiff in the suit) would submit that the Respondent

would file a reply and requests that the Respondent be allowed to file

summons for judgment as well, which may be heard along with the

Interim Application. He, however, submits that since the Advocate on

record is in another Court, some time be granted. At his request, list on

4th September 2023.

                                                                     (ABHAY AHUJA, J.)




                               avk                                                              2/2
Signed by: Mrs.Arti V. Khatate
Designation: PS To Honourable Judge
Date: 30/08/2023 18:06:54