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Mohit Saraf vs Rajiv K Luthra And Ors on 18 January, 2021
Atmastco Ltd vs Mandeep Kalra on 2 July, 2024
10. Interestingly, another contention raised by the
petitioner/defendant is that just like the State or its agencies do not
carry out any "commercial activities" as such, but a dispute arising out
of such non-commercial activities still falls under the scope of the CC
Act by virtue of the Explanation clause of Section 2(1)(c) of the CC
Act, in a similar fashion, the dispute arising out of the services
involved in the present petition should also be deemed to be
"commercial" in nature even though it arose in the course of a non-
commercial activity. To further substantiate its argument, the
petitioner relied upon the decision of this Court in Mohit Saraf vs
Rajiv K Luthra8 to demonstrate that even though lawyers do not carry
out commercial activity but when two lawyers enter into partnership
agreement and a dispute arises out of such a partnership agreement,
then such dispute has been held to be a "commercial dispute" within
8
O.M.P. (I) (COMM) 339/2020
Signature Not Verified
C.R.P 53/2024
Digitally Signed By:PRAMOD Page 5 of 14
KUMAR VATS
Signing Date:02.07.2024
17:12:52
the CC Act by this Court, even though it does not arise out of
commercial activity.
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