Allowed
Sukanraj Kasturchandji Jain v. Shivaji Kishan Jadhav
Bombay HCWP/7068/2023
Case brief
AI extract
What is this about?
The High Court of Bombay, on a writ petition challenging orders of the Civil Court, held that the capacity to exercise powers under the Commercial Courts Act, 2015 and Order 37 of the CPC is mutually exclusive, requiring the plaintiff to elect a remedy. Upon the petitioner treating the suit as a commercial suit, the impugned orders were quashed.
What did the court decide?
Orders dated 23 November 2022 and 29 September 2021 were quashed and set aside; writ petition disposed of with no costs.