Back
DELHI HIGH COURT
ASHA MENON
Apnaghar Builders Pvt. Ltd. – Appellant
Versus
Intense Fitness and Spa Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks possession and damages (Para 2) |
| 2. defendant argues suit should be rejected due to commercial nature (Para 3 , 4) |
| 3. plaintiff contends contrary claims by defendant are inappropriate (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. court addresses contradictory arguments from defendant (Para 12) |
| 5. definition and application of commercial disputes outlined (Para 13 , 14 , 15 , 16 , 17) |
| 6. dispute ruled not purely commercial, application dismissed (Para 18 , 19) |
| 7. court emphasizes landlords' rights under order xv-a cpc (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 8. court directs reduced rental payments due to pandemic (Para 26 , 27) |
| 9. applications disposed of with directions (Para 28) |
| 10. next steps in proceedings outlined (Para 29 , 30) |
JUDGMENT
[VIA VIDEO CONFERENCING]
I.A. Nos. 5310/2020 (by the plaintiff under Order XV-A read with Order XXXIX Rule 10 and Section 151 CPC for interim relief) & 1612/2021 (by the defendant under Order VII Rule 11 read with Section 151 CPC for rejection of the present suit)
1. The two applications, one being I.A. No.5310/2020 filed by the plaintiff under Order XV-A read with Order XXXIX Rule 10 and Section 151 CPC for interim relief, and ano
A lease agreement for property utilized commercially requires adherence to commercial dispute procedures, and refusal to pay rent based on residential classification is invalid if the commercial use ....
The determination of whether premises qualify as a commercial dispute hinges on actual use, not merely the designation of the property as residential.
Terms of lease agreement clearly indicate that the suit schedule land was already put to use for commercial purposes by earlier lessee. Therefore, Section 2 (1) (C ) (vii) is attracted and dispute in....
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
