In Brief
Ambalal Sarabhai Enterprises executed an agreement to sell land to K.S. Infraspace with a mortgage deed securing the transaction. The suit for enforcement of the mortgage was filed in a commercial court. The Supreme Court upheld the High Court's decision that the commercial court lacked jurisdiction because the immovable property was not exclusively used for trade or commerce as on the date of the agreement or suit. The Court found that neither the agreement nor the plaint referred to such exclusive commercial use. Accordingly, the plaint was required to be returned under CPC Order VII Rule 10, and the appeal was dismissed as devoid of merit.
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