Disputes From Residential Real-Estate Development Can Be Commercial If Profit Oriented: Calcutta High Court

The Calcutta High Court has recently observed that a real estate development agreement can qualify as a commercial dispute even if the project is residential in nature and even if both parties are not engaged in the business.Justice Shampa Sarkar said the agreement, when read as a whole, showed that the property was meant to be commercially exploited. “The cumulative effect of the agreement was that the parties jointly agreed to put the property to commercial use, thereby earning from the...