The court rejected the plaintiff's submission that a dispute over an agreement to sell agricultural land constitutes a commercial dispute under the Commercial Courts Act due to lack of pleadings regarding exclusive trade use.
Application to declare suit as commercial dispute rejected; suit transferred to District Judge (North-West), Rohini.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI
15 + CS (OS) 1139/2013 & IA Nos. 9572/2013, 10004/2013
VINOD KUMAR GARG ..... Plaintiff Through: Ms. Supreet Bindra with Mr. Sunil Goel, Advocates.
versus
RAMESH KUMAR & ANR ..... Defendants Through: Mr. Sandeep Dagar, Advocate.
CORAM: JUSTICE S.MURALIDHAR
O R D E R
% 08.09.2016
CS (OS) 1139/2013 Page 1 of 3
CS (OS) 1139/2013 Page 2 of 3
commerce”. Learned counsel for the Plaintiff then stated that she should be permitted to amend the plaint by including the pleadings to that effect. The Court is not inclined to permit the Plaintiff to do so only to justify the suit being brought within the ambit of the Commercial Courts Act. The agreement to sell has to be read as it is. It nowhere states that the land which was agreed to be sold by Defendant Nos. 1 and 2 to the Plaintiff was meant for used exclusively for trade and commerce. There is no averment to that effect in the plaint either.
S.MURALIDHAR, J
SEPTEMBER 08, 2016 Rm
CS (OS) 1139/2013 Page 3 of 3
3 issues framed by the court
Whether a dispute regarding sale of agricultural land used for agriculture purposes qualifies as a commercial dispute under the Commercial Courts Act.
Whether an amendment can be permitted to plead that the land was intended for exclusive trade or commerce to bring the suit within the Commercial Courts Act.
Whether the present suit should be transferred from the High Court to the District Judge as per the valuation.
1 provisions across 1 enactments
S. MURALIDHAR
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
