Bharat Buildtech Pvt. Ltd. v. Parsvnath Developers Ltd. & ANR.

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 452/2008 BHARAT BUILDTECH PVT. LTD.

..... Plaintiff Through Ms. Vibha Mahajan Seth, Advocate versus PARSVNATH DEVELOPERS LTD. & ANR.

..... Defendants Through Mr. Vijay Nair, Advocate

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 01.03.2016 1.

Though this is a suit for declaration and recovery of moneys, and therefore, I cannot agree with the assertions of the counsel for the plaintiff that the subject suit will be a commercial dispute under Section 2(1)(c)(vii) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

Section 2(1)(c)(vii) of the said Act pertains to agreements of immovable property used exclusively in the trade and commerce and the present suit does not pertain to any immovable property but is a suit for declaration and recovery of moneys. 2.

Since an Office Order dated 24.11.2015 has been issued by Hon'ble the Chief Justice in exercise of powers conferred by Section 4 of the Delhi CS(OS) No.452/2008

High Court (Amendment) Act, 2015, whereby ordinary suits which are not commercial matters having pecuniary jurisdiction up to the value of rupees two crores cannot be tried by this Court and commercial matters up to the value of rupees one crore cannot be tried by this Court, accordingly, this suit is transferred for decision to the jurisdictional Court under the District & Sessions Judge, Patiala House Courts, New Delhi. 3.

Let parties appear before the District & Sessions Judge, Patiala House Courts, New Delhi on 6th April, 2016. Suit file be made available to the District & Sessions Judge, Patiala House Courts, New Delhi, on the date fixed.

VALMIKI J. MEHTA, J MARCH 01, 2016 nn CS(OS) No.452/2008