In a Special Leave Petition, the SC has granted the leave, which was raised the issue of whether the Commercial court can Consider the Lawsuit for the Restoration of Possession filed after the terminus of the Tenancy?
In the present case, the plaintiff who is the landlord filed the petition against the defendant who is the tenant for the recovery of the possession before a commercial court.
The Commercial Court rejected the plea, the plaintiff filed a revision petition against the commercial court order in Calcutta Hogh Court.
The issue considered before the Hon’ble Court was that “whether a suit, primarily for the recovery of possession of immovable property u/s 106 of Transfer of Property Act, pertains to a ‘Commercial dispute’ under the Commercial Court Act, 2015.”
“The suit squarely arise out of a statutory right conferred by section 106 of Transfer of Property Act, having no direct nexus with the lease agreement in respect of the immovable property concerned. Thus, the pre-condition of the applicability of section 2(1)(c)(vii), Thus is, the emanation of the dispute out of the lease agreement is not satisfied in the present case”
The HC held while rejecting the Revision Petition.
Now when the case was presented before the Supreme Court, the court noted that the said judgement of HC does not link to a suit for the eviction that the suit before the commercial court was maintained.
Before the Apex court, Senior Advocate, K. V. Viswanathan, who performed for the plaintiff relied upon the judgment Ambalal Sarabhai Enterprise Ltd vs KS Infraspace LLP Limited 2020 (15) SCC 585 ( click for the Judgment https://indiankanoon.org/doc/51304221/ ) to dispute that the suit before the Commercial Court was maintainable.
“We asked Mr K. V. Viswanathan whether the petitioner would like to approach Civil Court rather than continuing with the suit filed before the Commercial Court to which Mr K. V. Viswanathan, on instructions, has conveyed that he would like to have a decision on merits as to whether
Commercial Court should have jurisdiction to entertain the suit filed after termination of tenancy.”
The bench said while granting leave.
Check the order.
Nice 👌