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2022 DIGILAW 3041 (RAJ)

Jodhpur Vidhyut Vitran Nigam Limited v. Mahadev Trading Company

2022-12-21

REKHA BORANA

body2022
JUDGMENT Rekha Borana, J. - The present petition has been filed against order dated 01.09.2022 passed by the District Judge, Jodhpur Metropolitan, Jodhpur whereby the application under Order VII Rule 11 of the Code of Civil Procedure as preferred by defendants has been rejected. 2. The case of the petitioners is that the dispute as raised before the Court below pertained to a commercial transaction and therefore, the suit before the District Court was not maintainable as the same ought to have been filed before the Commercial Court. 3. Learned counsel Mr. N.R. Choudhary puts in appearance on behalf of the respondent-Company. 4. Both the learned counsel agree that the dispute pertains to a commercial transaction and therefore, the Commercial Court would have the jurisdiction in the present matter. 5. Order VII Rule 10 of the Code of Civil Procedure provides that a plaint can be returned to the plaintiff at any stage to be presented to the appropriate Court if the Court reaches to the conclusion that the plaint as filed would not be maintainable before the Court wherein it has been filed. 6. In view of the above provision, the present writ petition is disposed of with a direction to the District Court to return the plaint as preferred by the plaintiff to be presented to the respective Commercial Court. The District Court shall, while passing the order for returning of the plaint, also fix a date of appearance by the parties before the Commercial Court in terms of Order VII Rule 10A CPC. 7. All the pending applications also stand disposed of.