Narayana Educational Institutions Vs. Mrs Paruchuri Janaki and Anr. – Telangana High Court
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Pulak Modi and Anr. Vs. Jitendra Agarwal @ Ors. – Calcutta High Court Read Post »
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Hon’ble Delhi High Court held that:
(i) Only when a pending suit relating to a ‘commercial dispute’ is transferred to the Commercial Division, the provisions of Commercial Courts Act will apply and till such time, the mandatory time period of 120 days for filing written statement would not apply.
(ii) Till the time the present suit was converted into a commercial suit, it continued to be an ordinary civil suit.
(iii) Once, the suit pertaining to a ‘commercial dispute’ has not been filed as a commercial suit before the commercial division, the said suit cannot automatically be treated as a commercial suit unless a competent court declares the same to be a commercial suit and directs conversion of the suit into a commercial suit.
(iv) The provisions of the Commercial Courts Act, including the time period for filing of the written statement, would apply from the date on which the suit was converted to a commercial suit.
(v) The present suit would qualify as a pending suit and in terms of Section 15 of the Commercial Courts Act, was required to be transferred to the Commercial Division of this Court.
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Rajesh Wadhawan Vs. Sh Naveen Sabharwal – Delhi High Court Read Post »
Hon’ble Delhi High Court held that:
(i) The dispute between a lawyer and his client where the former is seeking recovery of professional fees, cannot be held to be a ‘commercial dispute’. Lawyers are not ‘tradesmen’ or ‘businessmen’. Lawyers and advocates are supposed to be professional legal experts and major stakeholders in the “adversarial justice delivery system” who render legal advice & services to their clients but have larger duties as officers of the Court whenever they are engaged for providing legal representation to their clients in the Courts of law.
(ii) The agreement between an advocate and his/her client envisaging provisions of legal advice and services cannot be in the nature of a ‘commercial dispute’ since such agreement cannot even be specifically enforced. The Legal Profession is sui generis i.e. unique in nature and cannot be compared with any other profession.
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Ekanek Networks Pvt. Ltd. Vs. Aditya Mertia – Delhi High Court Read Post »
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Casa 2 Stays Pvt. Ltd. Vs. Comfia Ecom Pvt. Ltd. – Delhi High Court Read Post »
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Sanjay Goel Vs. BKR Capital Pvt. Ltd. – Delhi High Court Read Post »