JUDGMENT (Oral)

1. Present petition has been filed seeking quashing and setting aside the impugned order dated 22.11.2022 passed by learned District Judge (Commercial Court), North District, Rohini Court, in Commercial Suit bearing CS(COMM) No.55/2019. Further seeks direction to restore the abovementioned commercial suit filed by the appellant.

2. Learned counsel appearing on behalf of the petitioner submits that earlier also similar issue came up before this Court in FAO(COMM) 56/2023 titled as "Bharat Bhushan Sawhney vs. M/s Baso Hospitality LLP (Shree Rathnam) & Ors." and same was allowed vide order dated 07.03.2023 wherein recorded as under:

"Present appeal has been filed challenging the order dated 02nd November, 2022 passed by the Ld. District Judge (Commercial Court), North District, Rohini Court in Commercial Suit in CS (Comm) No. 228/2019 on the ground that the learned District Judge (Commercial Court) has erroneously returned the plaint of the Appellant under Order VII Rule 10 of the Civil Procedure Code, 1908.

Yesterday, when the matter had been taken up for hearing, learned counsel for the appellant had stated that though the suit was initially filed as a commercial sui