Aj Organica Private Limited And Others vs The State Of Maharashtra And Others
2024 Latest Caselaw 25436 Bom

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/