JUDGMENT

The original petition has been filed challenging the order dated 25.11.2025 in IA.No.2 of 2024 in CS.No.23 of 2024 of Principal Commercial Court, Thiruvananthapuram, whereby the Court below has held that the dispute involved comes within the meaning of ‘commercial dispute’ and is maintainable before the Commercial Court.

2. The petitioners had availed a home loan from the 1strespondent bank and according to them, the purpose of the end use should decide whether a dispute is a commercial dispute. It is contended that all cases involving a Bank will not automatically become a commercial dispute and there needs to be a distinction based on the end use. The counsel for the petitioners relies on the decision of the Hon’ble Supreme Court inAmbalal Sarabhai Enterprises Ltd vs. K.S.Infraspace LLPand Another[2019 KHC 7012], Ladymoon Towers Private Limited vs. Mahendra Investment Advisors Private Limited [2021 KHC OnLine 7190]decided by the Calcutta High Court and Mrs. Meena Vohra vs. Master Hosts Pvt Limited and others [CS(COMM) 688/2021] decided by the High Court of Delhi.

3. The definition of a ‘commercial dispute’ is contained in Section 2 (1)(c) of the Commercial Courts Act, 201