Suit for specific performance of agreement - Agreement in question relating to immovable property which is to be used exclusively in trade or commerce - Dispute would be commercial dispute - Triable by commercial court.

Citation

AIROnline 2019 SC 1170

SUPREME COURT

R. BANUMATHI , J. and A. S. BOPANNA , J.

CIVIL APPEAL - 7843 of 2019 D/- 4 - 10 - 2019

Ambalal Sarabhai Enterprises Ltd. v. K. S. Infraspace LLP and Anr.

Commercial Courts, Commercial Division and Commercial Appellate Division of the High

Courts Act (4 of 2016), S.2(1)(c)(vii) - Commercial dispute - What includes - In order to fall

under commercial dispute within Section 2(1)(c)(vii) of Commercial Courts Act, immovable

property must be "used exclusively" or "being used exclusively" in trade or commerce.

 (Paras 6, 16)