The above issue was considered in Ambalal Sarabhai Enterprises
Limited v. K.S. Infraspace LLP & Anr. reported in (2020) 15 SCC 585 where the implication of Section 2(1)(c)(vii) was construed. In
the concurring judgment, the following was expressed by Justice
Banumathi:
“37. A dispute relating to immovable property per se
may not be a commercial dispute. But it becomes a
commercial dispute, if it falls under sub-clause
(vii) of Section 2(1)(c) of the Act viz. “the
agreements relating to immovable property used
exclusively in trade or commerce”. The words “used
exclusively in trade or commerce” are to be
interpreted purposefully. The word “used” denotes
“actually used” and it cannot be either “ready for
use” or “likely to be used” or “to be used”. It
should be “actually used”. Such a wide interpretation
would defeat the objects of the Act and the fast
tracking procedure discussed above.” {Para }
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 2986/2024
S.P. VELAYUTHAM & ANR. Vs M/S EMAAR MGF LAND LIMITED.
CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
Date : 26-02-2024 .
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