KARTAR SINGH KOCHHAR Vs. ICICI BANK LTD.

JUDGEMENT

(1.) The limited question herein is whether the dispute disclosed in the plaint can be characterized as 'commercial dispute" or not.

(2.) Petitioner/plaintiff filed a suit seeking recovery of possession, damages and mesne profits for the additional space of 302 sq. feet situated at ground floor of C-18, Safdarjung Development Area Market, New Delhi. Said space had been let out to respondent Bank on 1/1/2019, albeit, there was no written agreement.

(3.) There was another agreement, much prior in time, between the same parties whereby on 10/10/2012, plaintiff and the defendant bank entered into a lease agreement by which another portion admeasuring 1800 sq. feet of same property, part situated in basement and part at ground floor, was let out by the plaintiff to defendant for nine years. Such agreement was in writing. Plaintiff has already filed a separate suit for said portion which is pending adjudication before a Commercial Court only. Presently, we are not concerned with said case pertaining to 1800 sq. feet area.