Supreme Court: Rules for interpretation of the term "A dispute relating to immovable property" as per The Commercial courts Act

 A dispute relating to immovable property per se may not be a commercial dispute. But it becomes a commercial dispute, if it falls under Sub-clause (vii) of Section 2(1)(c) of the Act viz. "the agreements relating to immovable property used exclusively in trade or commerce". The words "used exclusively in trade or commerce" are to be interpreted purposefully. The word "used" denotes "actually used" and it cannot be either "ready for use" or "likely to be used" or "to be used". It should be "actually used". Such a wide interpretation would defeat the objects of the Act and the fast tracking procedure discussed above. {Para 37}

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 7843 of 2019.

Decided On: 04.10.2019

Ambalal Sarabhai Enterprises Ltd. Vs. K.S. Infraspace LLP and Ors.

Hon'ble Judges/Coram:

A.S. Bopanna and R. Banumathi, JJ.

Authored By : A.S. Bopanna, R. Banumathi

Citation: MANU/SC/1378/2019,(2020) 15 SCC585.

Read full Judgment here: Click here.

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