https://www.taxtmi.com/caselaws?id=459870 A suit for enforcement of a mortgage deed relating to immovable property falls within the Commercial Courts Act only where the plaint pleads that the property was actually and presently used exclusively in trade or commerce. On the pleaded facts, the agreement concerned enforcement of a memorandum of understanding and execution of a mortgage deed, but contained no foundational averment that the land was so used on the relevant dates. A mere intended or future commercial use is insufficient and would expand Section 2(1)(c)(vii) beyond its text. The dispute was therefore outside commercial jurisdiction, the Commercial Court lacked jurisdiction, and the plaint had to be returned to the proper court. en-us Fri, 04 Oct 2019 00:00:00 +0530 Mon, 08 Dec 2025 11:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459870 A suit for enforcement of a mortgage deed relating to immovable property falls within the Commercial Courts Act only where the plaint pleads that the property was actually and presently used exclusively in trade or commerce. On the pleaded facts, the agreement concerned enforcement of a memorandum of understanding and execution of a mortgage deed, but contained no foundational averment that the land was so used on the relevant dates. A mere intended or future commercial use is insufficient and would expand Section 2(1)(c)(vii) beyond its text. The dispute was therefore outside commercial jurisdiction, the Commercial Court lacked jurisdiction, and the plaint had to be returned to the proper court. Case-Laws Indian Laws Fri, 04 Oct 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459870