Delhi HIgh Court

High Court: TCNS Clothing's Lease Dispute Recognized as Business-Related

Updated
Nov 21, 2025 4:38 PM
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Quick Summary: TCNS Clothing Company Limited won an appeal against a previous court decision. The case was about whether a place used for a clothing showroom was a "business dispute." The High Court decided it was, overturning the earlier decision.

Background of the Case

TCNS Clothing Company Limited rented a place in New Delhi for a clothing showroom. The rental agreement, starting in 2016, was for nine years with a starting rent of ₹3,80,000 per month. Unfortunately, the place was closed by the Municipal Corporation of Delhi in 2018, leading TCNS to end the rental agreement and ask for their ₹7,60,000 security deposit back.

The Dispute Begins

Sunil Kumar and another person didn't return the deposit, leading TCNS to file a lawsuit. Sunil Kumar and the other person argued that the dispute wasn't "business-related" under the Commercial Courts Act, 2015, because the place was residential and not legally used for business purposes.

Initial Court Ruling

The District Judge initially agreed with Sunil Kumar and the other person, deciding that since the place was considered residential according to the Master Plan, it couldn’t be seen as a business dispute. This decision was based on the fact that the place wasn’t legally used only for business.

High Court Reversal

Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar of the High Court looked at the case again. They focused on whether the place was "actually used" for business purposes, as required by the Commercial Courts Act. They found that since the place was used as a clothing showroom, it was a "business dispute."

"The present Appeal is allowed and the Impugned Judgement passed by the learned District Judge is set aside." - Justice Harish Vaidyanathan Shankar

Key Takeaways

  • Lease Agreement: The rental agreement clearly stated the place was for a clothing showroom, showing it was used for business.
  • Legal Interpretation: The High Court focused on how the place was actually used instead of its residential label.
  • Impact: This decision highlights the importance of actual use in deciding what kind of dispute it is under business law.

Summary of the Verdict

The High Court's decision is a big win for TCNS Clothing, as it ensures their dispute is seen as a business-related issue, allowing them to pursue their claims under the right legal framework.


This case is a reminder of how important clear rental agreements and understanding local zoning laws are when renting places.