Commercial Courts Act, 2015–Sec. 2(1)(c)–Code of Civil Procedure, 1908–Order 7, Rule 10–Return of plaint by High Court–Appreciation of–Neither the agreement executed between the parties refers to the nature of the immovable property being exclusively used for trade or commerce as on the date of agreement nor is there any pleading to the effect in the plaint–Further, the very relief sought in the suit is for execution of the mortgage deed which is in the nature of specific performance of the terms of MOU without reference to nature of use of the immovable property in the trade or commerce as on the date of suit–Held, plaint was rightly returned.
Ambalal Sarabhai Enterprises Ltd. vs. K. S. Infraspace LLP & Anr. – (SC)
₹40.00 ₹4.00
