In Brief
Ambalal Sarabhai Enterprises Ltd. filed a suit in Commercial Court seeking enforcement of a mortgage deed. The dispute arose from a property sale transaction and the respondent challenged the suit's maintainability before the Commercial Court. The Supreme Court held that for a dispute to fall within the Commercial Courts Act, the immovable property must be 'actually used' exclusively in trade or commerce at the time of filing the suit—not merely 'likely to be used' or 'intended to be used' in future. The Court dismissed the appeal, finding the plaint failed to plead that the property was currently being used for commercial purposes, rendering the Commercial Court's jurisdiction inappropriate.
The lawyer headnote and full judgment text are available to registered users.