Search Results Page

Search Results

1 - 6 of 6 (1.08 seconds)

Nlc India Limited vs M/Ssical Logistics Limited on 31 October, 2018

3.I am however unable to agree with the aforesaid submission of the learned Senior Counsel appearing for the petitioners. As rightly pointed out by Shri.M.R.Venkatesh, the learned counsel appearing for the respondent, the aforesaid decision has been overruled by a Full Bench of the Calcutta High Court in the decision reported in 2016 (3) RCR (Civil) 859, Manu/WB/0424/2016 (West Bengal Housing Infrastructure Development Corporation and ors vs. Impression and Ors). The Hon'ble Full Bench of the Calcutta High Court held as follows :

A Suo Moto Taken Writ Petition vs State Of Chhattisgarh 4 Cra/214/2012 ... on 12 October, 2018

39. Full Bench of the High Court of Calcutta in West Bengal Housing Infrastructure Development Corporation v 20 Impression (AIR 2016 Cal 236) has taken the same view that the Court of ADJ is also the Principal Civil Court in District. As a necessary corollary, an application under Section 34 or 36 of the Act, 1996 can be transferred to the Court of ADJ.
Chattisgarh High Court Cites 59 - Cited by 7 - P K Mishra - Full Document

The State Of Bihar vs The Bihar Rajya Bhumi Vikas Bank Samiti on 8 January, 2024

(II) With respect to the contention of the appellants that the Additional District Judge did not have jurisdiction to decide a dispute of commercial nature as the High Court had notified the District Judge under the Commercial Courts Act and not the Additional District Judge, learned Senior Counsel relied on the judgments in the cases of Shivam Housing Pvt. Ltd. & Ors. vs. National Highways Authority of India [2015 (3) PLJR 786], West Bengal Housing Infrastructure Development Corporation vs. M/S Impression [AIR 2016 Cal 236 (FB)] and Ambalal Shara Bhai Enterprises Ltd. vs. K.S. Infra Space LLP & Anr. [(2020) 15 SCC 585]. It was submitted that in the above judgments it has been held that the Additional District Judge is the District Judge and the commercial dispute can be decided by him. Further, the dispute in the instant case was not a commercial dispute as per definition given in the Act for the reason that there was no Patna High Court MA No.238 of 2021 dt.08-01-2024 10/56 commercial transaction between the parties.
Patna High Court Cites 47 - Cited by 0 - P Sarthy - Full Document
1