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2020 Supreme(Del) 982

SANJEEV SACHDEVA
Ashutosh Razdan – Appellant
Versus
Netcom Softech Private Limited – Respondent


Advocates Appeared:
Sanjeev Kumar Sharma, Advocate, Rajiv Dalal, Advocate, T.K.A. Padmanabhan, Advocate

JUDGMENT

Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.

2. Petitioner impugns order dated 11.03.2020 whereby the Trial Court has held that the Suit filed by the petitioner is not a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 (hereinafter referred to as the Act).

3. Learned counsel for the petitioner submits that the Trial Court has not adverted to the facts averred in the plaint or the defence of the respondents and has passed a very cryptic order without adverting to the factual matrix.

4. Perusal of the plaint shows that petitioner has made several averments and contended that the dispute between the parties pertain to a shareholder agreement as also a joint venture agreement and has also specifically stated that the suit is covered under Section 2(1)(c) of the Act.

5. The impugned order shows that the Trial Court has merely in one paragraph recorded that petitioner has not been able to point out as to how the suit is a commercial dispute within the meaning of Section 2(1)(c) of the Act and thereafter the Court has formulated the question for consideration in the order i.e. as to whether the transaction

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