Kailash Kaur v. Harvinder Singh & Ors.

1. Exemption is allowed, subject to all just exceptions. CM APPL. 18408/2023

2. Application stands disposed of.

3. The petitioner challenges the order dated 22.03.2023 passed in CS (DJ) No.429/2019 titled ‘Kailash Kaur Vs. Harvinder Singh & Ors.’ whereby the Commercial Court-01 has, on the basis of judgment of this Court in CM APPL. (M) 842/2022 titled ‘Virender Kumar Vs. Rekha Bhayana’ delivered on 25.08.2022, held that the said suit could not have been transferred by Principal District & Sessions Judge and the present suit has to be transferred back by the Principal District & Sessions Judge to the original Civil Court for returning the plaint back to the plaintiff to be re-presented in the proper format as prescribed CM(M) 608/2023 & CM APPL. 18407/2023 CM(M) 608/2023 2 under the Commercial Courts Act, 2015.

4. The petitioner also challenges the order dated 24.03.2023 in CS (DJ) No.429/2019 titled ‘Kailash Kaur Vs. Harvinder Singh & Ors.’ whereby the matter was put up before Ld. District Judge & Sessions Judge, wherein the Ld. District Judge & Sessions Judge, refused to interdict the order 22.03.2022 on the ground that the said order was passed on the judicial side and not administrative, and therefore, the learned Principal District & Sessions Judge did not have the necessary authority or jurisdiction to take notice of the said order.

5. Impugning the same, the petitioner has filed present petition before this Court.

6. Learned counsel submits that the suit arose from a collaboration agreement entered into between the petitioner and the respondent Nos. 1 to 3 for the construction of the subject suit property which, in the submission of learned counsel, is a residential property.

7. Learned counsel also submits that post construction also, the suit property was to be developed as a residential property with residential flats.

8. Learned counsel submits that respondent Nos. 4 and 5 claim to have purchased some portion of the said suit property from respondent Nos. 1 to 3, however, learned counsel submits that those properties also are residential and not commercial in nature.

9. Learned counsel submits that the agreement which has been entered into between respondent Nos.[1] to 3 on one hand and respondent Nos. 4 to 5 on the other, are not related to this property. Learned counsel further submits that in case the directions in CM(M) 608/2023 3 impugned order dated 22.03.2023 is permitted to be enforced, the petitioner would be relegated to the position as on the date of filing of the suit, that is, five years prior to today.

10. Learned counsel submits that the suit was at the final hearing and the judgment was reserved by the original civil court decided that the said matter is fall within the purview of the Commercial Courts Act.

11. Issue notice.

12. Upon petitioner taking steps within a week, notice may be served through all permissible modes. Additionally, through learned counsel appearing for the respondent before the learned Trial Court.

13. Learned counsel also submits that the respondents were proceeded exparte before learned Trial Court.

14. List on 24.05.2023.

15. In the meanwhile, the directions in impugned order dated 24.03.2023 shall not be given effect to till the next date of hearing.