Bombay High Court

NASHIK MUNICIPAL CORPORATION THROUGH COMMISSIONERversusM.G.T. PEST CONTROL PRIVATE LIMITED THROUGH OFFICER V.D.GUNJAL

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The petition is dismissed, but the petitioner is granted liberty to file a fresh application quoting the correct provision of the Commercial Courts Act, 2015.

Summary

The Nashik Municipal Corporation filed a writ petition challenging a trial court order that rejected its application to convert an existing suit into a commercial suit. The petition erroneously cited Section 2(c)(xiii) of the Commercial Courts Act, 2015, and the trial court held that the suit did not fall under Section 2(c)(viii). The petitioner argued that the suit might be covered by clauses (xviii) or (xxi) of Section 2(c). The High Court noted the incorrect citation and allowed the petitioner liberty to file a fresh application citing the correct provision, directing the trial court to decide it on its merits. Both the writ petition and the pending interim application were disposed of.

Issues considered

Whether the suit in question falls within the definition of a commercial dispute under Section 2(c) of the Commercial Courts Act, 2015.
Whether the petitioner correctly cited the relevant provision of the Commercial Courts Act for conversion of the suit into a commercial suit.

Legislation cited

Commercial Courts Act, 2015 — s. 2(c)(viii), 2(c)(xiii), 2(c)(xviii), 2(c)(xxi)

Subjects

Commercial Courts Act
conversion of suit
jurisdiction
municipal corporation
civil appellate jurisdiction
writ petition

Judgment

Vaishnavi                                              40-WP-2693-2020


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION
                     WRIT PETITION NO. 2693 OF 2020
                                 WITH
                  INTERIM APPLICATION NO. 18874 OF 2022
                                  IN
                     WRIT PETITION NO. 2693 OF 2020

Nashik    Municipal           Corporation
Through Commissioner                                 ...Petitioner

                     V/s.

M.G.T. Pest Control Private Limited
Through Officer V.D.Gunjal
                                                     ...Respondent
                                ________________
Mr. Rupesh R. Lanjekar, for petitioner.
                                ________________


                                           CORAM: SANDEEP V. MARNE, J.

                                           DATED: 19 AUGUST 2026


P.C.:


1)          The Petition challenges order dated 29 February 2020 passed by
the Trial Court rejecting application at Exhibit 15 filed by the Petitioner
Municipal Corporation seeking conversion of the suit into a commercial
suit. It appears that the Petitioner quoted a wrong provision, viz. Section
2 (c) (xiii) of the Commercial Courts Act, 2015. The suit apparently is not
covered under Section 2 (c) (viii) of the Commercial Court Act. Now Mr.
Lanjekar, the learned counsel appearing for Petitioner, contends that the

                                    Page No.1 of 2
                                   19 August 2026
Vaishnavi                                                  40-WP-2693-2020


suit would be covered by clauses (xviii) or (xxi) of Section 2 (c) of the
Commercial Courts Act, 2015. If that is the case, the Petitioner will have
to file an application to that effect before the Trial Court.


2)          The Writ Petition is accordingly disposed of, granting liberty to
the Petitioner to file a fresh application quoting correct provisions of
Commercial Courts Act, 2015. If fresh application is filed, the same shall
be dealt with by the Trial Court on its own merits.


3)          Pending Interim Application is also disposed of.




                                                      [SANDEEP V. MARNE, J.]




                                     Page No.2 of 2
                                    19 August 2026

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