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Recovery Suit in lieu Of Construction is Commercial Suit Or Civil Suit


04-Sep-2023 (In Civil Law)
Can anyone please guide that recovery suit in leu of construction of one residential property is a commercial suit or simple civil suit?
Answers (3)

Answer #1
611 votes
Commercial suit is applicable on commercial parties ! The question is that was the construction done for commercial purpose, by commercial people and parties involved were not private ! Then we need to check the pecuniary jurisdiction! Etc n there are other things too ! Thanks
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Advocate D. Khan

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Answer #2
882 votes
Hi, if the contract was for construction of a residential property wherein the intent was to sell units of the newly constructed property to third parties, it will constitute as a commercial dispute in terms of section 2(c)(vi) and/or section 2(c)(xviii) of the Commercial Courts Act,2015. Please feel free to contact me for further assistance.
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Advocate Kunal Srivastava

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Answer #3
595 votes
Hi, Going by the limited information shared by you, it is not possible to provide you with any sane legal advise as the forum totally depends upon the contract you are having with the builder and it explicitly states what relationship you were having with the builder. Was it for commercial relation or for personal use. It is better to meet and confer so that sane legal advise can be given.
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Advocate Ayush Kapur

Adv. Ayush Kapur

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