Mohan Chandra Bandil vs Rakesh Goyal
2021 Latest Caselaw 7939 MP

                                   1                                MP-4269-2021
        The High Court Of Madhya Pradesh
                  MP No. 4269 of 2021
                      (MOHAN CHANDRA BANDIL Vs RAKESH GOYAL)

1
Gwalior, Dated : 29-11-2021
      Shri Anand Bhardwaj, counsel for the petitioner.
      This petition has been filed against the order dated 12.11.2021 passed
by I Civil Judge, Junior Division, Morena, whereby, the application filed by
the petitioner/defendant under Order 7 Rule 11 read with Section 151 of CPC
has been dismissed.

      Heard the learned counsel for the petitioner and perused the material
made available on record.
      Learned counsel for the petitioner submits that the respondent/plaintiff

has filed a suit for recovery of amount of more than three lac. The suit is very much related to commercial dispute as defined under Section 2 (c) of the Commercial Tax Act, 2015 (hereinafter would be referred as to the (`Act of 2015') because, the plaintiff has landed the money through a brocker and document of this transaction has also been executed between the parties. Thus, as per Section 11 of the Act of 2015, the present suit is exclusively

triable by the Commercial Court. Still the trial Court has dismissed the application of the petitioner/defendant. The petition deserves to be allowed.

He has placed reliance upon the judgment rendered by Delhi High Court in the case of Punj Llyod Ltd. Vs. M/s Hadia Abdul Latif Jameel Co. Ltd. and Another in FAO (OS) (COMM) 211/2018 and CM No.37188 of 2018 on 15th October, 2018.

Having heard learned counsel for the petitioner and on perusal of the record, it is found from bare perusal of the plaint that this is a suit simplicitor for recovery of money landed by the plaintiff to the respondent. The transaction between the parties does not come under the purview of transaction of merchants, bankers, financers and traders or such as those related to mercantile documents. Only by keeping some brocker in the 2 MP-4269-2021 transaction, landing of money by one individual to other does not make the transaction as commercial transaction.

In the judgment cited by learned counsel for the petitioner, the agreement was related to the immovable property used exclusively in trade or commerce. Therefore, the document for corporate guarantee was treated to be mercantile document. But here in this case, no such document has been

executed which can be termed as mercantile document. The learned trial court has rightly dealt with the issue raised by the petitioner/defendant in accordance with the provisions of the Act of 2015.

In view of the above, this Court does not find any ground to interfere in the impugned order. Resultantly, the petition is dismissed.

(SATISH KUMAR SHARMA) JUDGE

Rks

RAM KUMAR SHARMA 2021.11.30 16:35:11 +05'30'