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2024 Supreme(Del) 634

VIBHU BAKHRU, TARA VITASTA GANJU
Asif Ali Khan – Appellant
Versus
Manoj Kumar – Respondent


Advocates appeared:
Mr. Rajesh Mahindru, Advocate, for the Appellant.
None, for the Respondent.

JUDGMENT

Vibhu Bakhru, J. (Oral)

1. The appellant (plaintiff in the suit) has filed the present appeal impugning an order dated 20.02.2024 (hereafter the impugned order) passed by the learned Commercial Court allowing the respondent's (defendant's) application under Order VII Rule 10 of the Code of Civil Procedure, 1908 (hereafter the CPC). The Court directed return of the plaint in view of its finding that the dispute between the parties is not a "commercial dispute" under the Commercial Courts Act, 2015 (hereafter `CC Act').

2. The appellant had instituted the said suit - CS (COMM) No.482/2022 captioned Asif Ali Khan v. Manoj Kumar - for recovery of sum of Rs.55,00,000/-. The appellant claims that the respondent had entered into a Collaboration Agreement dated 22.06.2016 (hereafter Collaboration Agreement) with the owners of the property bearing no.260 & 260A, Khasra No.210 min., Village Hauz Rani, Tehsil Hauz Khas, Malviya Nagar, New Delhi -110017, admeasuring 573 sq. yds (hereafter the subject property). In terms of the Collaboration Agreement, the subject property was required to be demolished and a new building was required to be raised by the respondent. Further, in terms of th

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