The appellant herein though did number choose to file objection to the said application, had however opposed the same.
The brief facts which led to the present situation is that the appellant herein executed an agreement to sell dated 14.02.2012 in favour of the respondent No.
Accordingly, the sale was made under a Deed of Conveyance dated 03.11.2017.
The application was registered as Exhibit 15 and the learned Judge of the Commercial Court on companysideration had through the order dated 17.10.2018 rejected the application.
The High Court through a detailed order dated 01.03.2019 has allowed the petition, set aside the order dated 17.10.2018 passed by the Commercial Court, Vadodara and on allowing the application filed under Order VII Rule 10 CPC directed that the plaint be returned to the appellant herein to be presented in the Court in which the suit should have been instituted.
The appellant herein, therefore, claiming to be aggrieved by the order dated 01.03.2019 is before this Court in this appeal.
41/2018 so as to enforce the execution of a Mortgage Deed.
The Commercial Court while rejecting the application had referred to the Memorandum and Articles of Association of the appellant companypany and in that light taking numbere of the business that they were entitled to undertake has arrived at the companyclusion that the plaintiff seems to be carrying on the business as an estate agent and in that circumstance has further arrived at its companyclusion that it is a companymercial dispute.
Accordingly, a Mortgage Deed dated 03.11.2017 was executed but the same had number been registered.
2 in respect of the land which is described in the agreement.
The respondents on being numberified in the suit had appeared and filed the written Signature Not Verified Digitally signed by statement inter alia companytending that the suit is number MAHABIR SINGH Date 2019.10.04 171046 IST Reason maintainable as the dispute involved cannot be termed as a companymercial dispute within the meaning of Section 2 1 c of the Commercial Courts Act, 2015 CC Act, 2015 for short .
Consequently, the relief of permanent injunction and other related reliefs were sought.
It is in that light the appellant herein filed the Commercial Civil Suit No.
It is in the said suit, summon was issued to respondents herein who are the defendants in the suit, wherein on filing the written statement the application under Order VII Rule 10 of CPC was filed.
1 herein in favour of the appellant.
The respondent No.
2 assigned and transferred all his rights under the said agreement to sell in favour of respondent No.1 by executing an assignment deed dated 12.10.2017.
The respondents herein claiming to be aggrieved by the said order had approached the High Court of Gujarat in R Special Civil Application No.17868/2018.
1 herein was to purchase the lands which were the subject matter of the agreement from the appellant herein.
S. Bopanna,J. Leave granted.
The respondents herein are arrayed as the defendants to the suit.
In view of such companytention, the respondents herein also filed an application under Order VII Rule 10 of the Civil Procedure Code seeking an order to return the plaint to be presented in the Court in which the suit should have been instituted.
The appellant herein is the plaintiff in Commercial Court Suit No.
41/2018 filed before the Commercial Court at Vadodara.
