AMBALAL SARABHAI ENTERPRISES LTD. V. K.S. INFRASPACE LLP
SC-Dismissing the appeal against the Gujarat HC,the Hon’ble SC observed that that in order to fall within Section 2(1)(c)(vii) of the Commercial Courts Act,2015 the immovable property must be “used exclusively” or “being used exclusively” in trade or commerce. There has been nothing on record to show that at the time when agreement to sell came to be executed in 2012, the property was being exclusively used in trade and commerce so as to bring the dispute within the ambit of sub-clause (vii) of Section 2(1)(c) of the Act. Merely because, the property is likely to be used in relation to trade and commerce, the same cannot be the ground to attract the jurisdiction of the Commercial Court.-Hon'ble Justices A.S.Bopanna and R.Banumthi [04-10-2019]
Read the full judgment with iDRAF (Issue,Decision,Reasoning,Arguments,Facts)- https://www.legitquest.com/ambalal-sarabhai-enterprises-ltd-vs-ks-infraspace-llp
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