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ACHAL KUMAR PALIWAL
Bhopal Fracture Hospital – Appellant
Versus
Savitri Devi Vijaywargiya – Respondent
ORDER
1. With the consent of the parties, the matter is heard finally at motion stage.
2. The present civil revision has been filed under section 115 of CPC against order dated 3.10.2023 passed in RCS No.286-A of 2022, by 7th Civil Judge, Senior Division. Bhopal whereby, petitioners application under section 7 rule 11 CPC has been dismissed.
3. Learned counsel for the petitioners submits that learned trial Court has failed to appreciate the fact that the dispute between the parties is prima-facie a commercial dispute as defined under the Commercial Courts Act, 2015. Commercial dispute is defined under section 2(1)(c) of Commercial Courts Act. (hereinafter referred as “Act”). From bare perusal of aforesaid provision, it is apparently clear that all the disputes arising out of an agreement for an immovable property used exclusively in trade or commerce is a commercial dispute. It is clear from section 2(1)(c)(vii) of the Act. In the instant case, it is an admitted fact that as per lease dated 1.2.2013, respondent had given suit property on lease to the petitioners for running hospital and allied services. Respondent has valued the suit as Rs.23,25,780/-. and thus, subject matter of th
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.
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.
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.
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