Dismissed¶20

M/S S.K. Jain Construction Pvt. Ltd. v. Krishna Kumar Sahu

Chhattisgarh HC20 Nov 2024WP227/476/2023

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur; WP227 No. 476 of 2023; M/s S.K. Jain Construction Pvt. Ltd. v. Krishna Kumar Sahu; Deepak Kumar Tiwari, J; order dated 21/11/2024; writ petition dismissed as withdrawn (IA No.2/2024); return of plaint under Order 7 Rule 10-A (2) CPC; Commercial Court Raipur pecuniary jurisdiction; recovery suit Rs.33,13,983/- in Civil Suit No.5-B/2019 before Additional District Judge Durg; plaint returned by order dated 30.11.2021; layered Commercial Courts with different pecuniary jurisdictions; liberty to file suit before competent court to be decided on merits; neither party represented; no cases cited.

What did the court decide?

Liberty to the petitioner to file the suit before the competent Court; the suit is to be decided strictly in accordance with law, on its own merits. ¶20

M/S S.K. Jain Construction Pvt. Ltd. Vs Krishna Kumar Sahu — Chhattisgarh HC (2024) — LawSathi Research

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2024:CGHC:45556

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 476 of 2023

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M/s S.K. Jain Construction Pvt. Ltd. Through - Director, Sushil Kumar Jain S/o Late Shri Chhabi Das Jain, Aged About 59 Years, Office Plot No. 148 A/b Light Industrial Area Bhilai, Tahsil And District - Durg Chhattisgarh. R/o Plot No. 2/16 Nehru Nagar (East) Bhilai, Tahsil And District - Durg Chhattisgarh. (Plaintiff)

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... Petitioner

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versus

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Krishna Kumar Sahu S/o Hiraman Sahu Aged About 54 Years Director, Krishna Engineering Works, 9/31 Near Santoshi Mandir, Ispat Nagar, Rishali Bhilai, Tahsil And District - Durg Chhattisgarh. (Defendant)

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... Respondent

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For Petitioner : None. For Respondent : None.

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Hon'ble Shri Deepak Kumar Tiwari, J

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Order On Board

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21/11/2024 :

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Perused the application (IA No.2/2024) for withdrawal of the Writ Petition.

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Digitally signed by KRISHNA KRISHNA KUMAR KUMAR BARVE BARVE Date: 2024.11.21 17:26:21 +0530

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It is stated in the application that the petitioner had filed a recovery suit to the tune of Rs.33,13,983/- before the Additional District Judge, Durg, vide Civil Suit No.5-B/2019. The petitioner had also filed an application

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for return of the plaint under Order 7 Rule 10-A (2) of the CPC to file the same before the Commercial Court, Raipur. The trial Court has directed for presence of both the parties on 23^rd December, 2021 before the Commercial Court, Raipur. Since the Commercial Court, Raipur does not have pecuniary jurisdiction to decide the aforesaid value of the suit, the petitioner again approached the trial Court for review of the earlier order dated 30.11.2021 whereby the plaint has been returned. Recently, the High Court has established different layers of the Commercial Courts having different pecuniary jurisdiction and, therefore, the petitioner wants to file the present suit before the Commercial Court/Additional District Judge having pecuniary jurisdiction and also wants to withdraw the Writ Petition with aforesaid liberty.

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Taking into consideration the averments made in the application, the same is allowed. Accordingly, the Writ Petition is dismissed as withdrawn.

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However, the petitioner would be at liberty to file the suit before the competent Court and the said Court shall decide the suit strictly in accordance with law, on its own merits.

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Sd/(Deepak Kumar Tiwari) Judge

¶23

Barve

M/S S.K. Jain Construction Pvt. Ltd. v. Krishna Kumar Sahu

Case brief

What is this about?

What did the court decide?

M/S S.K. Jain Construction Pvt. Ltd. v. Krishna Kumar Sahu

Case brief

What is this about?

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What the court decided

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