Om Prakash Gupta v. Radhey Shyam And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 2202/2010 OM PRAKASH GUPTA ..... Plaintiff Through:

None versus RADHEY SHYAM AND ORS ..... Defendants Through:

Mr.Anand Yadav, Adv. for D7-8.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 27.04.2016 IA No.4359/2016 (u/S 151 CPC filed by defendant nos.7 & 8) 1.

The contention of learned counsel for defendant nos.7 and 8 is misconceived that the suit is a commercial matter falling under Section 2(i)(c)(vii) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 and that the suit agreement is for immovable property used extensively in trade and commerce inasmuch as the subject suit is a suit for partition, declaration, injunction thus seeking partition of the suit property including cancellation of sale deeds. Therefore, subject suit is not a commercial suit falling under Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. The suit will accordingly stand transferred in terms of the order already passed on 25.02.2016.

2.

IA stands disposed of.

VALMIKI J. MEHTA, J APRIL 27, 2016 neelam