Dismissed

M/s.Challani Ranka Jewellery and another v. Mr.Ashok Kumar Jain and another

Madras HC12 Aug 2021A/2250/2021

Case brief

AI extract

What is this about?

The High Court examined jurisdiction and maintainability of a suit in the Commercial Division. It found the dispute involved silver sales between traders with bounced cheques, holding it falls squarely within the Commercial Courts Act definition, and dismissed the application.

What did the court decide?

Application No.2250 for invalidating jurisdiction of the suit in the Commercial Division was dismissed.

M/s.Challani Ranka Jewellery and another Vs… — Contract and Commercial Disputes | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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THURSDAY, THE 12TH DAY OF AUGUST 2021

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THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

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A.No.2250 of 2021 in C.S.No.361 of 2020

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Mr.Ashok Kumar Jain Proprietor M/s.Managalkalash Jewellers No.152, Mint Street, 1^st Floor, Sowcarpet, Chennai-600 079.

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..Plaintiff

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1.M/s.Challani Ranka Jewellery Partnership Firm Rep. by Partners Mr.Sumti Challani And Mrs.Maya Challani

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2.Mr.Sumti Challani Partner M/s.Challani Ranka Jewellery

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3.Mrs.Maya Challani Partner M/s.Challani Ranka Jewellery

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All at 119, 1^st Floor, N.S.C.Bose Road, Chennai 600 079.

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Also at https://hcservices.ecourts.gov.in/hcservices/ Challani Plaza, No.36, Veerappan Street, Sowcarpet, Chennai 600 079.

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No.2, Ritherdon Avenue, Vepery, Chennai-600 007.

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..Defendants

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A.No.2250 of 2021:

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1.M/s.Challani Ranka Jewellery Partnership Firm Rep. by Partners Mr.Sumti Challani And Mrs.Maya Challani

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2.Mr.Sumti Challani Partner M/s.Challani Ranka Jewellery All at 119, 1^st Floor, N.S.C.Bose Road, Chennai 600 079. Also at Challani Plaza, No.36, Veerappan Street, Sowcarpet, Chennai 600 079. No.2, Ritherdon Avenue, Vepery, Chennai-600 007. 1.Mr.Ashok Kumar Jain Proprietor M/s.Managalkalash Jewellers No.152, Mint Street, 1^st Floor, Sowcarpet, Chennai-600 079.

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..Applicants/Defendants Vs

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..Respondent No.1/Plaintiff

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2.Mrs.Maya Challani Partner M/s.Challani Ranka Jewellery https://hcservices.ecourts.gov.in/hcservices/ No.119, 1^st Floor, N.S.C.Bose Road, Chennai 600 079.

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Also at Challani Plaza, No.36, Veerappan Street, Sowcarpet, Chennai 600 079.

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No.2, Ritherdon Avenue, Vepery, Chennai-600 007. ..Respondent No.2/Plaintiff No.3

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Application praying that this Hon'ble Court be pleased to issue of maintainability and jurisdiction of the instant suit in its Commercial Division as a preliminary issue.

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This Application coming on this day before this court for hearing, the Court made the following order:

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This Application is filed to try the issue of maintainability and jurisdiction of the suit on the ground that the transaction between the plaintiff and the defendant were not a commercial transaction, which could not fall within the definition of Section 2(1)(c)(i) of the Commercial Courts Act.

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Learned counsel appearing for the applicant submits that the plaint,

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on reading does not indicate the dispute between the merchants relating to

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mercantile document and therefore, the suit cannot be tried as a commercial https://hcservices.ecourts.gov.in/hcservices/

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dispute.

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Per contra, the plaintiff has filed counter affidavit stating that the

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suit arising out of goods sold and delivered to the defendant, who is a trader. For the goods purchased, invoices were raised against the defendant. For payment, the defendant has issued several cheques but they were bounced without realisation. Since the dispute involves transaction of merchandise between the two traders and mercantile documents arising out of the said trade, the dispute squarely falls within the Section of 2(1)(c)(i) of the Commercial Courts Act.

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On perusal of the plaint and the documents filed in support of the plaint, this Court finds that the plaintiff who is the Proprietor of Mangalkalash Jewellers, have sold silver articles and silver bullion to Challani Ranka Jewellery, the first defendant herein which is a trader holding GST No.33AACFC82772A1ZX. The documents enclosed indicates the goods were delivered at premises of the defendant. Cheques drawn on Indian Overseas Bank, Sowcarpet Branch, in favour of the plaintiff signed by the partner of the first defendant firm indicates the commercial transaction between the parties. In such circumstances, this Court holds and determines that this suit is a commercial dispute squarely https://hcservices.ecourts.gov.in/hcservices/ falling within the scope and ambit of definition of Section (1)(c)(i) of the

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Commercial Courts Act. Hence, Application No.2250 is dismissed. No order as to costs.

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Sd./-G.J.J

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12.08.2021

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//Certified to be true copy// Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.) From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. JJ 18/08/2021

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https://hcservices.ecourts.gov.in/hcservices/

M/s.Challani Ranka Jewellery and another v. Mr.Ashok Kumar Jain and another

Case brief

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M/s.Challani Ranka Jewellery and another v. Mr.Ashok Kumar Jain and another

Case brief

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