Amit Jain vs Mahavir International Pvt Ltd & Ors. on 8 May, 2023
In Amit Jain v. Mahavir International Pvt. Ltd.,
FAO(COMM) 27/2023; 2023:DHC:3090-DB, where the
Commercial Court below had framed a clarificatory question
as to whether the dispute between the parties could be termed
as a commercial dispute within the definitional Section 2(c) of
the Commercial Courts Act, 2015, and the appellant-plaintiff
thereafter, placing reliance upon decisions dealing with the
return of plaint under Order 7 and Rule 10 of the Civil
Procedure Code, 1908 had made an application under
Section 151 of the Code seeking conditional withdrawal of the
suit with liberty to file fresh suit before an appropriate forum,
on the grounds that the Commercial Court lacked jurisdiction
over the subject-matter of the lis, the Court below allowed the
same by treating it as an application made under Order 23
and Rule 3(1) of Civil Procedure Code, 1908, but refused the
return of court fees, the plaintiff had preferred an appeal
challenging such refusal.