If property is residential in nature, the dispute of lease does not fall within the definition of ‘commercial dispute’ under Section 2(1)(c)(vii) of Commercial Courts Act, 2015 – SOPL Pvt. Ltd. Vs. Naveen Patel – Delhi High Court
Hon’ble High Court held that:
(i) From the plain reading of the definition of the commercial dispute in sub-clause (vii) of clause (c) of sub-section (1) of Section 2 of the Commercial Courts Act, 2015, it is clear that dispute arising of agreement relating to immovable property used exclusively in trade and commerce only, would fall in the category of commercial dispute.
(ii) The property has not been leased exclusively for commercial purpose. Even otherwise, the property in question being residential in nature, the dispute involved in the present case does not fall within the definition of ‘commercial dispute’ under Section 2 (1) (vii) (c) of the Act.
