Commercial Courts Act, 2015
Section 2(1)(c)(vii)—Commercial dispute—Definition of—Agreement between parties was exclusively for the business operation and management of the Hotel—Argument that the Hotel was not “actually used” for trade or commerce—Unmerited—Agreement relating to immovable property used exclusively in trade or commerce falls within the definition of commercial dispute—Hotel was actually being used for trade and commerce, and the agreement between parties was for the purpose of business management and operations exclusively—It is evident from the nature of agreement that primary purpose was to facilitate and manage commercial activities related to the Hotel—Commercial Court was not justified in dismissing the suit filed by the petitioners—Impugned order set aside—Application allowed.
[Paras 14 to 16]