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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANJEET PUROHIT
Mohsin Samdani S/o Late Riyaj Ahmad Samdani – Appellant
Versus
Sajjad Hussain Damami S/o Abdul Wahid Damami – Respondent
| Table of Content |
|---|
| 1. overview of the civil suit and jurisdiction. (Para 1 , 2) |
| 2. appellant's argument on jurisdiction under the act. (Para 3) |
| 3. respondent's counter-argument supporting jurisdiction. (Para 4) |
| 4. legal definitions and requirements for commercial disputes. (Para 6 , 7 , 8 , 9 , 11 , 12) |
| 5. criteria for qualifying a dispute as commercial. (Para 10 , 15) |
| 6. judgment conclusion and dismissal of the appeal. (Para 16 , 17) |
ORDER :
SANJEET PUROHIT, J.
1. The present Civil Misc. Appeal has been filed under Order 43 Rule 1(a) CPC, challenging the order dated 02.05.2025 passed by Learned Additional District Judge No.7, Bikaner (“Learned Trial Court”) in Civil Original Suit No. 66/2024, whereby, while dealing with an application filed on behalf of respondents-defendants under Order 7 Rule 11 CPC, Learned Trial Court has held that the dispute involved in the suit is a “commercial dispute” covered within meaning of Section 2(1)(c)(vii) of the Commercial Courts Act, 2015 (“Act of 2015”) and, in exercise of its powers under Order 7 Rule 10 CPC, returned the plaint to be filed before Commercial Court of competent jurisdiction.
2. The subject-matter of the dispute is an agreement to sell date
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 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....
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 ....
Commercial disputes under Section 2(1)(c)(vi) of the Commercial Courts Act must pertain to agreements that exhibit commercial characteristics beyond private contracts, requiring strict interpretation....
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.
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.
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