NDLI: Ambalal Sarabhai Enterprises Ltd. Vs. K. S. Infraspace Llp & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Commercial Courts Act 2015 s. 2(1)(c)(vii) Commercial dispute Maintainability of before the Commercial Court
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Commercial Courts Act, 2015 (4 of 2016)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Commercial Courts Act, 2015: s. 2(1)(c)(vii) – Commercial dispute – Maintainability of, before the Commercial Court – On facts, dispute arising out of an agreement involving an immovable property – Suit filed before the Commercial Court – In the suit, the registration of a mortgage deed pertaining to the immovable property is sought – High Court held that the immovable property was not being used for trade or commerce as such the suit not maintainable before the Commercial Court – On appeal, held: It is clear from s. 2(1)(c)(vii) that disputes arising out of agreements relating to immovable property used exclusively in trade or commerce will qualify to be a commercial dispute to be tried by Commercial Courts – On facts, neither the agreement between the parties refers to the nature of the immovable property being exclusively used for trade or commerce as on the date of the agreement nor is there any pleading to that effect in the plaint – Relief sought in the suit is for execution of the Mortgage Deed which is in the nature of specific performance of the terms of Memorandum of Understanding without reference to nature of the use of the immovable property in trade or commerce as on the date of the suit – Thus, the transaction between the parties which is the subject matter of the suit could not be considered as a “commercial dispute”, so as to enable the Commercial Court to entertain the suit – Order passed by the High Court is justified – Commercial Court to return the plaint to the court having jurisdiction. Objects and reasons – Held: Is to provide speedy disposal of high value commercial disputes – Wider purport and meaning is to be assigned while entertaining the suit and considering the dispute to be a commercial dispute, else the very purpose of the enactment would be defeated.
Judge	Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
Neutral Citation	2019 INSC 1135
Petitioner	Ambalal Sarabhai Enterprises Ltd.
Respondent	K. S. Infraspace Llp & Anr.
SCR	[2019] 13 S.C.R. 605
Judgement Date	2019-10-04
Case Number	7843

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