JUDGMENT

Amit Bansal, J. (Oral)

I.A. 14474/2022(u/S 151 CPC)

1. The present application has been filed on behalf of the applicant/defendant seeking reclassification of the present suit from a commercial suit to an ordinary suit. Reply has been filed on behalf of the plaintiff, which is not on record. However, a copy of the same has been handed over in Court and taken on record.

2. The present suit has been filed seeking recovery of USD 1,039,268.85/- (Rs.7,72,17,675.5/-) from the defendant on the basis of judgment dated 30th September, 2021 passed by the United States District Court for the Southern District of Texas, Houston Division (hereinafter "US District Court") in Civil Action No.4:21-cv-00279 titled Phillips 66 Company v. Raaj Unocal Lubricants Limited. The said suit was filed by the plaintiff for the enforcement of its intellectual property rights against the defendant in the United States of America.

3. Senior counsel appearing on behalf of the applicant/defendant submits that the present suit does not fall within the definition of `commercial dispute' under Section 2(1)(c) of the Commercial Courts Act, 2015. It is stated that the present suit does not fall in any of the