The High Court of Judicature at Madras held that the suit does not qualify as a commercial dispute under Section 2(1)(c)(i). Consequently, the Court directed the Registry to renumber the suit and assign it to the Judge hearing regular suits.
Registry directed to renumber the suit and post it before the Judge hearing regular suits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
O.A.Nos.649 and 650 of 2021
and A.No.3698 of 2021 in C.S. (comm.Div.)No.75 of 2021
Mr.M.Arumugam, S/o.Late R.Maruthpillai, No.67/29, Rosary Church, 2nd Lane, Mylapore, Chennai-600 004. ..Applicant/Plaintiff (O.A.Nos.649 and 650 of 2021 and A.No.3698 of 2021)
-Versus-
1.Mr.D.Suresh Sanjay S/o.A.R.Devararalu Naidu Prop AR Devarajulu Naidu & Son Muruga Bhavan, Ground Floor, No.751, P.H.Road, Kilpauk Chennai-600 010.
2.Mr.R.Muthu Kumar S/o.Ramiah Nadar No.16, First Main Road, Sivasakthi Nagar, Chidambaram, Cuddalore-608001.
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3.Mr.S.K.Shravan Shankar, S/o.Suresh Sanjay, Muruga Bhavan, Ground Floor, No.751, P.H.Road, Kilpauk, Chennai 600 010. Respondents/Defendants (O.A.Nos.649 and 650 of 2021 and A.No.3698 of 2021)
O.A.No.649 of 2021
Original Application praying that this Hon'ble Court be pleased to pass an order of interim injunction restraining the 2nd Respondent/2nd Defendant from alienating the property mentioned in Schedule-B to the Judges Summon.
O.A.No.650 of 2021
Original Application praying that this Hon'ble Court be pleased to pass an order of interim injunction restraining the Respondent 1 and 3/defendant 1 and 3 from alienating the property mentioned in Schedule-A to the Judges Summon.
A.No.3698 of 2021:
Application praying that this Hon'ble Court be pleased to pass an order directing the Respondents/Defendants to furnish security to the tune of Rs.3,28,00,000/- (Rupees Three Crores Twenty Eight lakhs only) failing which the immovable property as described in the Schedule-A to the Judge's Summon may be attached.
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These Applications coming on this day before this court for hearing, the Court made the following order:
After perusing the plaint, this Court finds that the suit does not fall within the definition of commercial dispute under Section 2(1)(c)(i). Hence, the Registry is directed to renumber the suit and post before the Judge who hears the regular suit.
20/10/2021
Dated at Madras this day of 2021.
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 20/10/2021
2 issues framed by the court
Whether the suit falls within the definition of a commercial dispute under Section 2(1)(c)(i).
Whether the Registry is directed to renumber the suit and post it before the Judge who hears regular suits.
1 provisions across 1 enactments
Mr.M.Arumugam
Mr.D.Suresh Sanjay
Mr.R.Muthu Kumar
Mr.S.K.Shravan Shankar
DR. Justice G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
