The commercial appellate court held that an appeal concerning a development agreement is not a commercial dispute under the Commercial Courts Act, 2014. It directed the District Judge to hear and dispose of the miscellaneous appeal.
Misc. Appeal no. 08 of 2021 to be heard and disposed of by the learned District Judge, Howrah.
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Ct. 8
FMAT 204 of 2021
Ranjit Kumar Shaw Versus Hari Narayan Shaw
(Through Video Conference)
Mr. Animesh Pal, Adv.
…for the appellant
We have perused the plaint, the order of refusal of the learned Trail Court and the observation of the learned District Judge with regard to maintainability of the appeal before the learned District Judge.
We are of the view that the appeal is required to be heard by the learned District Judge and not by the Commercial Appellate Division as we are of the view that it relates to an enforcement of a development agreement between the plaintiff and the defendant and is not a commercial dispute within the meaning of Section 2(C) of the Commercial Courts Act, 2014.
In view thereof, the learned District Judge is requested to take up the Misc. Appeal no. 08 of 2021 and to dispose of the same in accordance with law.
The original file received shall immediately be returned to the learned District Judge, Howrah.
The Registrar (L&OM) shall ensure that this order is carried out by the department.
FMAT 204 of 2021 is, thus, disposed of.
2
(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)
2 issues framed by the court
Whether the appeal relates to a commercial dispute under Section 2(C) of the Commercial Courts Act, 2014.
Whether the appeal for enforcement of a development agreement should be heard by the Commercial Appellate Division or the District Judge.
1 provisions across 1 enactments
Ranjit Kumar Shaw
Hari Narayan Shaw
Ajoy Kumar Mukherjee
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
