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PRATHIBA M. SINGH
Akhil Bhartiya Kayastha Mahasabha – Appellant
Versus
Akhil Bhartiya Kayastha Mahasabha – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done through hybrid mode.
2. None appears for the parties.
3. The present petition challenges the order dated 23rd January, 2020 in CS(COMM) 181/2019 titled akhil Bhartiya Kayastha Mahasabha v. Yogendra Nath Srivastava passed by the Ld. District Judge (Commercial Court), Dwarka Courts, New Delhi (hereinafter 'Commercial Court'). Vide the said order, the Commercial Court has held that the dispute raised in the suit is not a commercial dispute within the meaning of section 2(1)(c) of the Commercial Courts act, 2015 (hereinafter 'act'). The Commercial Court reasoned that since the Petitioner/Plaintiff society is not involved in any trade or commercial activities and is only rendering social services there would be no transaction in the present suit which would fall in the category of commercial dispute. The relevant extract of the impugned order reads as under:
'a conjoint reading of Section 2(c)(i) with Section 2(c)(xvii) and the statement of objects and reasons shows that the commercial courts are to deal with the commercial dispute especially those engaged in trade and commerce. The plaintiff is not stated to be involved in any tra
The central legal point established in the judgment is that disputes related to intellectual property rights and the use of unregistered mark/names fall under the category of commercial disputes as p....
Disputes concerning intellectual property rights, even if parties are not engaged in trade, are classified as commercial disputes under the Commercial Courts Act, 2015.
A dispute must involve a commercial nature or commercial transactions between the parties to be considered a 'commercial dispute' under the Commercial Courts Act, 2015.
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.
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.
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