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R.BANUMATHI, A.S.BOPANNA
Ambalal Sarabhai Enterprises Ltd. – Appellant
Versus
K. S. Infraspace LLP – Respondent
Based on the provided judgement, there is no indication that it has been overruled. The judgement reflects a thorough analysis and reasoning by the court, including the concurrence of multiple judges, and emphasizes the importance of a strict and literal interpretation of the relevant statutory provisions, particularly regarding the use of immovable property in trade or commerce.
Unless there is a subsequent higher court decision explicitly stating otherwise, this judgement remains binding and has not been overruled.
JUDGMENT
A.S. Bopanna,J.
Leave granted.
2. The appellant herein is the plaintiff in Commercial Court Suit No. 41/2018 filed before the Commercial Court at Vadodara. The respondents herein are arrayed as the defendants to the suit. The respondents on being notified in the suit had appeared and filed the written statement inter alia contending that the suit is not maintainable as the dispute involved cannot be termed as a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 (“CC Act, 2015” for short). In view of such contention, the respondents herein also filed an application under Order VII Rule 10 of the Civil Procedure Code seeking an order to return the plaint to be presented in the Court in which the suit should have been instituted. The appellant herein though did not choose to file objection to the said application, had however opposed the same. The application was registered as Exhibit 15 and the learned Judge of the Commercial Court on consideration had through the order dated 17.10.2018 rejected the application. The respondents herein claiming to be aggrieved by the said order had approached the High Court of Gujarat in R/Special Civil A
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