...the dispute involved cannot be termed as a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 (“CC Act, 2015” for short). In view...agent and in that circumstance has further arrived at its conclusion that it is a commercial dispute. The High Court on the other hand had found fault with the manner in which the Commercial Court...matter of the suit could be considered as a “commercial dispute” so as to enable the Commercial Court to entertain the suit. In that regard, it is necessary to take note of Section 2(1...

...State by a Notification the Commercial Courts were constituted. Pending suits had to be transferred to Commercial Courts if the dispute was a commercial dispute.2. Thus, each Civil...Court had to apprise the nature of the dispute and on returning a finding that the dispute was a commercial dispute, the suit had to be transferred to the Commercial Court. This necessitates a judicial...order, at the direction of the ministerial staff of the Courts in the State of Goa suits were transferred to Commercial Courts without any application of mind on the question whether the dispute was a...

...relate to a commercial dispute for no right under an agreement relating to immoveable property was sought to be enforced, inasmuch as the suit only seeks recovery of rent and mesne profits. It would...), as also the explanation thereto:—“Definitions.-(1) In this Act, unless the context otherwise requires-(c) “commercial dispute” means a dispute arising out of...-(vii) agreements relating to immoveable property used exclusively in trade or commerce;Explanation.-A commercial dispute shall not cease to be a commercial dispute merely because...

...'commercial dispute' in terms of section 2 of the Commercial Courts, Commercial Division and Commercial Appellate Division...'commercial dispute', the same cannot be treated to be commercial dispute triable by the Commercial Court.5. Learned counsel appearing for the petitioners contended that from bare...perusal of the plaint, it is discernible that the suit as framed involves a commercial dispute which can only be entertained by the Commercial Court having jurisdiction. It is submitted that the Act of...

...plaint was dismissed. 2. On behalf of appellant it is contended that the dispute between the parties does not come under the ambit and scope of a commercial dispute in...terms of Section 2 (1) (c) of the Commercial Courts Act, 2015. It is submitted that home loan taken by the appellant cannot be interpreted as a commercial dispute for the purpose of invoking the...respondent no. 1 bank against the appellant for recovery of home loan advanced to the appellant, is not maintainable as the same does not fall within the ambit of a commercial dispute. 3...

...stringent provision the said rules. The aim and object of Section 12A is to ensure that before a commercial dispute is filed before the court, the alternative means of dissolution are adopted so that the...:3. Initiation of mediation process. -(1) A party to a commercial dispute may make an application to the Authority as per Form-1 specified in Schedule...online;(7) Where both the parties to the commercial dispute appear before the Authority and give consent to participate in the mediation process, the Authority shall assign...

...petitioners submits that learned trial Court has failed to appreciate the fact that the dispute between the parties is prima-facie a commercial dispute as defined under the Commercial Courts Act..., 2015. Commercial dispute is defined under Section 2(1)(c) of Commercial Courts Act. (hereinafter referred as "Act"). From bare perusal of aforesaid provision, it is apparently clear that all the...disputes arising out of an agreement for an immovable property used exclusively in trade or commerce is a commercial dispute. It is clear from Section 2(1)(c)(vii) of the Act. In the instant case, it is...

...otherwise requires—***(i) “Specified Value”, in relation to a commercial dispute, shall mean the value of the subject-matter in....***10. Jurisdiction in respect of arbitration matters.—Where the subject-matter of an arbitration is a commercial dispute of a Specified Value and..., application or proceedings relating to any commercial dispute in respect of which the jurisdiction of the civil court is either expressly or impliedly barred under any other law for the time being in force...

...to be presented before the proper court, is the question arising for consideration. Does the suit between the parties involve a 'commercial dispute' within the meaning of Section 2 (1)(c) of the...from the court for return of the plaint on the ground inter alia that the suit could not have been instituted before the commercial court as it does not involve commercial dispute within the meaning of...possession and permanent injunction, leaving the suit to be not involving any commercial dispute. Page 4 of 11 3.4 The...

...1908) shall, in their application to any suit in respect of a commercial dispute of a specified value, stand amended in the manner as specified in the Schedule...commercial dispute of a specified value.(3) Where any provision of any rule of the jurisdictional High Court or any amendment to the Code of Civil Procedure...dispute qua the amended Order 8 Rule 1 CPC.13. As regards the timeline for filing of written statement in a non-commercial dispute, the observations of this Court in a...

...that the Suit filed by the petitioner is not a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 (hereinafter referred to as the Act). 3...shows that the Trial Court has merely in one paragraph recorded that petitioner has not been able to point out as to how the suit is a commercial dispute within the meaning of Section 2(1)(c) of the...as a commercial dispute. 6. Thereafter the Trial Court has extracted provisions of Section 2(1)(c) of the Act and referred to the judgments of the High Court as also of the...

.... 2. Learned Senior Advocate appearing for the defendant No. 1 has submitted that, the dispute involved in the suit cannot be a “commercial dispute” within the meaning of the ...confer jurisdiction. On the basis of such averments, the disputes involved in the suit cannot be said to be commercial dispute within the meaning of the Act of 2015. He has submitted that, the expression.... According to him, the instant suit is for eviction of the defendants and cannot be treated to come within the ambit of a commercial dispute under the Act of 2015. Consequently, he has submitted that...

...petitioner argues that the impugned order is non est since the lis in the suit is a Commercial Dispute exclusively triable by the Commercial Court established for Bengaluru Urban under the provisions of...Respondent plaintiffs, per contra, contends that the dispute is not a Commercial Dispute, since it does not relate to any of the items enumerated under Sec.2(1)(c) (xvii) which speaks of Intellectual...Property Rights; secondly, a suit does not become triable by the Commercial Court merely because it involves a commercial dispute if the value of its subject matter is below specified value as defined...

...dispute, it has the jurisdiction to entertain the suit and the aforesaid order reads as under:— “Perused the record. As far the plaintiffs are concerned, it is a commercial...dispute since it falls under Section 2(C)(1)(a) of the Commercial Court Act, 2015 as the transaction of Bank (ordinary banking transaction) and hence, this court has got jurisdiction to entertain the...Petition stating that the dispute between the petitioner/defendant (Bank of Baroda) and the respondents/plaintiffs is not at all the commercial dispute and the sole question before this Court is...

...or directory?(2) What is the interplay of Section 12A and Section 15 of the Commercial Courts Act, 2015 in a suit involving a commercial dispute within the meaning of...view of the provisions of Section 12A of the Commercial Courts Act, 2015 can a suit of the Specified Value involving a commercial dispute within the meaning of the Act of 2015 be transferred to the...High Court on finding that the suit does not involve a commercial dispute within the meaning of the Act of 2015?(6) If the answer to the preceding issue is in the...

...Control Act, the dispute would not become a commercial dispute. To buttress his contention, counsel for respondent has relied upon judgment passed by Division Bench of High Court of Gujarat in the case.... 2 6. "Commercial dispute" has been defined under Section 2(1)(c) of the Act. Section 2(1)(c)(vii) of the Act provides for...the tenanted premises. 7. "Specified value" has been defined under Section 2(1)(i) of the Act, which provides that "specified value in relation to commercial dispute, shall...

..., thus, contended that since the said debt relate to agreements for sale of goods, the dispute involved in the instant suit is a “commercial dispute” as defined under Section 2(1)(c)(xviii) of the...to be a commercial dispute merely because of the fact that it involves realization of monies out of immovable property in view of Explanation (a) to Section 2(1)(c). In support of such submission he...statute mandates the High Court to transfer the suit involving a commercial dispute to the Commercial Division and the statute does not require an application to be filed therefor...

...seeking transfer of the case to the Commercial Court on the premise that the dispute falls within the definition of ‘commercial dispute’ under Section 2(c)(vii) of the Commercial Courts Act (‘The Act...is only for prohibitory injunction against illegal eviction and as such, the dispute is not a commercial dispute and further that the market value of the plaint schedule building cannot be the basis.... 2. Indisputably, plaint schedule property was leased out to the petitioners for conducting business. As per the definition of ‘commercial dispute’ in Section 2(1)(c)(vii) ‘a commercial dispute’, t...

...the suit back to the High Court on the ground that the dispute involved in the suit is a commercial dispute covered under the Commercial Courts, Commercial Division and Commercial Appellate Divisi...High Courts Act, 2015 (hereinafter referred to as the Act.) was dismissed. The trial court concluded that there is no commercial dispute involved in the present case...Section 2(1)(c)(vii) of the Act to contend that a commercial dispute means a dispute arising out of an agreement relating to an immovable property used exclusively in trade and...

...Company does not fall within the definition of commercial dispute under Section 2(1)(c) of the Commercial Courts Act, 2015. CM(M) 1146/2021 Page 2 of 5 4. The petitioner/plaintiff...subject matter of a commercial dispute by observing/reasoning that, (i) the agreement dated 21st September, 2019 between the parties, which is titled as Confirmation of fee payable for Consultancy...commercial dispute; and, (ii) the agreement is regarding the brokers fee and therefore, the suit cannot be termed as a commercial dispute. 7. The counsel for the petitioner has drawn the...