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TUSHAR RAO GEDELA
Vakil Chand – Appellant
Versus
Saraswati Sahitya Mandir – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 28584/2023 (for early hearing)
1. This is an application seeking early hearing of the present petition.
2. For the reasons stated therein, the application seeking early hearing is allowed. With the consent of parties, the petition is taken up for consideration.
3. The application stands disposed of.
CM(M) 133/2023
4. Petitioner challenges the impugned order dated 11.01.2023 passed in Civ. DJ No. 897/2019 titled as "Vakil Chand vs. Saraswati Sahitya Mandir And Others" whereby an application under Section 15(2) of the Commercial Courts Act, 2015 has been rejected.
5. Mr. Praveen Suri, learned counsel appearing for the petitioner at the outset invites attention of this Court to the definition of "commercial disputes" under Section 2 (1) of the Commercial Courts Act, 2015 to submit that, if one were to go by the explanation to sub-Section (1) of Section 2 of the Commercial Courts Act, the words employed in Clause (a) of sub-Section (1) to Section 2 of the Act which states "any other relief pertaining to the immovable property" would cover the case of the petitioner.
6. According to
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.
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 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 lease dispute regarding immovable property used for commercial purposes qualifies as a 'commercial dispute' under the Commercial Courts Act, 2015, allowing for a maintainable suit.
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