JUDGMENT

V. Kameswar Rao, J. - The present appeal has been filed challenging an order dated June 02, 2023 passed by the District Judge, Commercial Court-01, Shahdara, Karkardooma, Delhi, whereby an application under Section 8 of the Arbitration and Conciliation Act, 1996 (Act of 1996, hereinafter) filed by the defendant No.1 in suit bearing CS(COMM.) No. 541/2022, has been dismissed.

2. The respondent No.1 (respondent, hereinafter) in this appeal had filed the suit for recovery of a sum of Rs. 59,83,712/- along with pendente lite interest @ 18% per annum before the learned District Judge. The respondent served summons on the appellant on January 19, 2023. The appellant, before filing the Written Statement, filed an application under Section 8 of the Act of 1996 on April 28, 2023 i.e., within a period of 120 days, stating that the tax invoices filed and relied upon by the respondent in support of its suit contains an arbitration clause, and as such the suit is not maintainable and is liable to be dismissed. The learned District Judge dismissed the application under Section 8 of the Act of 1996 vide order dated June 02, 2023.

3. Mr. Samrat Nigam, learned counsel for the appellant would