THE EVOLVING DEFINITION OF “COMMERCIAL SUIT”: A CRITICAL ANALYSIS OF AMBALAL SARABHAI ENTERPRISES LTD. VERSUS K.S. INFRASPACE LLP AND ANOTHER

AUTHOR – UDAYVEER SINGH, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – UDAYVEER SINGH, THE EVOLVING DEFINITION OF “COMMERCIAL SUIT”: A CRITICAL ANALYSIS OF AMBALAL SARABHAI ENTERPRISES LTD. VERSUS K.S. INFRASPACE LLP AND ANOTHER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 606-609, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

With the establishment of commercial courts through the mandate of The Commercial Courts Act 2015, there has been an attempt to provide for speedy disposal of specific disputes which are of commercial nature and are of specific value as per the requirement by the Act. However with this there has also been an increasing number of commercial suits being filed in the commercial courts and thus  poses a challenge for the courts to determine whether the suits being filed actually fall within the ambit of the commercial courts as per the Commercial Courts Act 2015 or not. As the purpose of the Act would stand defeated if matters which are not commercial in nature as per the act are also instituted before the commercial courts. In regards to that this article aims to critically analyse the judgment of the Hon’ble Supreme Court in the matter of Ambalal Sarabhai Enterprises Limited Versus  K.S. Infrastructure LLP and Another, in which the court through its judgement reflected upon the issue as to what all matters are qualified to be instituted as commercial suits under the Commercial Courts Act 2015.