Back
M. I. ARUN
Rhea Healthcare Pvt. Ltd. – Appellant
Versus
Raj Alkaa Park – Respondent
ORDER :
1. Aggrieved by the order passed on I.A.No.3 filed in Commercial O.S.No.390/2019 dated 08.04.2022, by the LXXXII Additional City Civil and Sessions Judge, Bengaluru, the plaintiff therein has preferred this writ petition.
2. The petitioner for the purposes of establishing a Hospital and to run other allied healthcare services, took on lease a commercial property from the respondent. It is submitted that he took possession of the said property. However, before he could commence business activities, on the ground that there was a title dispute regarding the property which was taken on lease and also for the reason that the respondent did not build the required infrastructure within the agreed time for the petitioner to run its business, the petitioner terminated the contract. Subsequently, the petitioner also demanded that the respondent compensate the petitioner for the loss that he has sustained from the alleged breach of contract by the respondent. For that reason, the petitioner filed Commercial O.S.No.390/2019 before the Commercial Court to recover a sum of Rs.4,07,80,500/- (Rupees Four Crores Seven Lakhs Eighty Thousand Five Hundred Only) from the respondent along with in
A dispute regarding a lease for commercial purposes qualifies as a commercial dispute under the Commercial Courts Act, necessitating the jurisdiction of the Commercial Court.
A dispute arising from an agreement to sell immovable property used for trade is a commercial dispute, mandating resolution in a Commercial Court, as clarified by statutory definitions.
The central legal point established in the judgment is the strict construction of the provisions of the Commercial Courts Act, the requirement to consider the nature of the proposed amendment before ....
A dispute involving immovable property intended for commercial use is a commercial dispute under the Commercial Courts Act, even if not currently in use, contradicting the lower court's interpretatio....
A dispute arising from an agreement related to immovable property qualifies as a commercial dispute under Section 2(1)(c)(vii) of the Commercial Courts Act, 2015, provided the property is actually us....
An eviction suit under the M.P. Accommodation Control Act does not constitute a commercial dispute and is maintainable in Civil Court, not Commercial Court.
Lease of land converted for petrol station, under construction, qualifies as 'commercial dispute' under CC Act, including gestation phase.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
