M/S SHREE VINAYAK HOTELS AND RESORTS VS DESERT TULIP HOTEL AND RESORTS PVT. LTD.
- Court
- Rajasthan High Court
- Bench
- Jodhpur
- Date
- 13 Aug 2026
- Citation / case number
- CW / 18805 / 2024
Summary
The petitioner challenged the return of its Section 18 petition to the Commercial Court. HELD- Sections 18(1) and 29 of the Rajasthan Rent Control Act, 2001 confer exclusive jurisdiction on the Rent Tribunal, attracting the bar under Section 11 of the Commercial Courts Act, 2015. Commercial use of leased premises does not, by itself, make the dispute commercial u/Sec 2(1) (c) (vii); the pith and substance of the real controversy is determinative. Petition allowed & case remitted back.
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