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P.NAVEEN RAO, SAMBASIVARAO NAIDU
Telangana State Tourism Development Corporation Limited – Appellant
Versus
A. A. Avocations Pvt. Ltd. – Respondent
JUDGMENT :
P.Naveen Rao, J.
Heard Sri M.Surender Rao, learned senior counsel for Sri Zeeshan Adnan Mahmood learned counsel for the petitioner and Sri P.Mohith Reddy learned counsel for the respondents.
2. This appeal is filed against the order dated 27.12.2021 passed in Arbitration O.P.No.72 of 2021 on the file of XXV Additional Chief Judge, City Civil Court at Hyderabad. The appellant is the owner of large extent of land in Survey No. 403/P, Durgam Cheruvu, Shaikpet village. On the above land, it has developed a portion of the land towards eco-tourism and party area named “DURGAM CHERUVU ECO TOURISM DECK AND PARTY AREA”. Earlier said property was leased out to another licensee. But differences arose between the owner and licensee leading to termination of lease. Consequently, it has called for tenders to grant fresh lease and in the process, the first respondent was identified as a new lessee.
3. Briefly noted to the extent relevant, the facts are as under :
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....
Point of law: Section 2(1)(c) of Act, 2015 defines what is meant by ‘commercial dispute’ and instances are mentioned in various clauses incorporated therein. ‘Commercial dispute’ means a dispute aris....
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 ....
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.
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