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

AIR 2019 BOMBAY 102

BOMBAY HIGH COURT

(NAGPUR BENCH)

MANISH PITALE , J.

Writ Petition No. 4080 of 2018, D/- 8 - 2 - 2019

Kanchanganga Realtors Pvt. Ltd., Nagpur and Ors. v. M/s. Monarch Infrastructure Developers Pvt. Ltd., Nagpur and Ors.

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

Act (4 of 2016), S.2(1)(c)(vii), S.15 - Commercial dispute - What is - Expression used in Section

2(1)(c)(vii) read with Explanation (a) have to be given wide interpretation - Agreement relating

to immovable property - There should be material on record to show that immovable property

in respect of which agreement has been executed is being used or intended to be used for trade

and commerce - 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.

AIR 2017 Gujarat 153, 2017 SCC Online Guj 583, Dissented from.

 (Paras 8 , 9 , 14 , 15)