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POONAM A. BAMBA
Sopl Private Limited Through Autorized Signatory Harsh Kumar – Appellant
Versus
Naveen Patel – Respondent
JUDGMENT
Poonam A. Bamba, J. (Oral)
1.0. Vide this appeal, the appellant is assailing the order dated 13.07.2023 passed by Ld. ADJ-03, South, Saket Courts, New Delhi, in Civil Suit no. CS no. 387/2023. Vide impugned order, ld. ADJ returned the plaint to the appellant/plaintiff to adopt the procedure for filing of commercial suit observing that in terms of Section 2 (c) Commercial Courts Act, 2015 (The Act) the dispute in question would fall within the domain of commercial court.
2.0. Ld. counsel for the appellant submits that no commercial dispute is involved in the present case as the property in question is residential in nature and was leased out to the respondent for the purpose of residential as well as 'services under bed and breakfast scheme`. Thus, it was not leased exclusively for the purpose of trade and commerce. Reference in this respect is made to sale deed and lease deed in question. Further, the appellant`s suit for recovery of possession, arrears of rent, mesne profit, damages and mandatory and permanent injunction has been valued @ Rs. 10,84,623/-. Thus, the suit was very much triable by the Ld. ADJ. In support of his arguments, ld. counsel has relied upon the judg
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.
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 regarding a lease for commercial purposes qualifies as a commercial dispute under the Commercial Courts Act, necessitating the jurisdiction of the Commercial Court.
Lease of land converted for petrol station, under construction, qualifies as 'commercial dispute' under CC Act, including gestation phase.
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....
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