Claim For Recovery Of Rent Etc. From Immovable Property Used Exclusively In Trade Or Commence Is A Commercial Dispute: Delhi HC [Read Judgment]

The Delhi High Court has clarified that a claim for recovery of rent, mesne profits, etc. relating to an immovable property which was used exclusively for trade or commerce should be treated as a commercial dispute for the purpose of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.“…we do not think that claim for recovery of rent or. relating to an immovable property which was used exclusively for trade or commerce should be treated as a commercial dispute for the purpose of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. “…we do not think that claim for recovery of rent or mesne profit, security deposit etc., relating to immoveable property which was used exclusively in trade or commerce should not be treated as a commercial dispute in view of the language, ambit and scope of sub-clause to clause to Section 2 of the Act. The Division Bench of the Court, however, opined, “The use of expression “any other relief pertaining to immoveable property” would mean disputes relating to breach of agreement and damages payable on account of breach of agreement would be covered under sub-clause to clause to Section 2 of the Act when it is arising out of agreement relating to immoveable property exclusively used in trade and commerce.” Section 2 includes “agreements relating to immoveable property used exclusively in trade or commerce” within the definition of a “commercial dispute”.