Suresh Joshi And ANR v. Shiv Sareen And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 681/2013 SURESH JOSHI AND ANR ..... Plaintiffs Through Mr. Amod Sharma, Advocate versus SHIV SAREEN AND ANR ..... Defendants Through

CORAM:

SH. ANIL KUMAR SISODIA (DHJS), JOINT REGISTRAR (JUDICIAL)

O R D E R

% 06.01.2017 The suit has been received from the court of Mr. Ajay Goel, Ld. ADJ(1) (North), Delhi.

I have perused the plaint.

The suit has been filed by the plaintiff for specific performance of an Agreement to Sell of Flat No. C-903 situated at M2K Victoria Garden, Azadpur, New Delhi. The flat in question is a residential flat in a residential society.

The same does not fall under the purview of "Immovable property used exclusively in trade or commerce", as stated in Section 2(C) (VII) of The Commercial Courts Act and dispute between the parties cannot be treated as a Commercial dispute. The value of the suit for the purpose of jurisdiction of Rs. 1,20,00,000/-, hence, the suit has to be transferred back to the district courts.

In terms of the Notification No. 27187/DHC/Orgl. dated 24.11.2015 and also in view of the order passed by the Hon'ble Chief Justice, the suit

stands transferred to the District Courts.

The parties are directed to appear before the Ld. District Judge (North), Rohini Courts, Delhi on 31st January, 2017 for further directions.

Registry is directed to send the complete record to the Ld. District Judge (North), Rohini Courts, Delhi before the next date of hearing. ANIL KUMAR SISODIA (DHJS) JOINT REGISTRAR (JUDICIAL) JANUARY 06, 2017 savita