JUDGMENT

Vibhu Bakhru, J.

1. The appellant (plaintiff) has filed the present appeal impugning an order dated 05.08.2021 (hereafter `the impugned order'), passed by the learned District Judge, Commercial Court-II, Shahdara, Karkardooma Courts, Delhi (hereafter `the Commercial Court') in CS(COMM) No.132/2021, whereby the respondent's application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereafter `the CPC') was allowed and the plaint filed by the appellant was directed to be returned. The learned Commercial Court, on a reading of the plaint along with its documents, found that the appellant had failed to establish a prima facie case in respect of the territorial jurisdiction of the Court.

2. The respondent (defendant) had also sought dismissal of the suit under Order VII Rule 11(d) of the CPC on the ground that the appellant had instituted the said suit without complying with the mandatory provisions of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The Commercial Court did not accept the said contention as the appellant had sought urgent relief. Accordingly, the said prayer of the respondent was rejected. The respondent has pref