Marvel Realtors, Thr. Partner Mr. ... vs Mrs. Monisha Madan Bathija And Ors
2023 Latest Caselaw 2892 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

              CIVIL REVISION APPLICATION NO. 151 OF 2023

 Marvel Realtors & Anr.                                           ..Applicants
      Versus
 Monisha Madan Bathija & Ors.                                     ..Respondents

                            __________
 Mr. Amit A. Gharte for Applicants.
                            __________

                               CORAM : SARANG V. KOTWAL, J.

DATE : 23 MARCH 2023 PC :

1. This Revision application challenges the order dated

15/12/2022 passed by 9th Jt. C.J.S.D., Pune, rejecting the

Applicant's application, who was the original Defendant, below

Exhibit 1 in Special Summary Suit No.289 of 2019. By the

impugned order, the Court had decided that the said Court had

jurisdiction to try that suit under O.37 of the C.P.C. and it did not

pertain to a commercial dispute.

2. Learned counsel for the Applicants submitted that the

case of the Plaintiffs i.e. the Respondent Nos.1 to 4 falls within Section

2(1)(c)(i) and Section 2(1)(c)(vi) of the Commercial Courts Act. He

Gokhale

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submitted that, though, the Plaintiffs have relied on the agreement

which was in the nature of loan, they were financiers for the

construction project and, therefore, the provision of the

Commercial Courts Act, 2015 would be attracted. Learned counsel

also relied on the Judgment of a Single Judge of this Court in the

case of Vaijanath Dayanand Kale and others Vs. Nerkar Properties

LLP and others reported in 2021(3) Mh.L.J.202.

3. Considering these submissions, it is necessary to hear the

Respondents.

4. Therefore, issue notice to the Respondents, returnable

on 04/07/2023.

(SARANG V. KOTWAL, J.)