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DELHI HIGH COURT
C.HARI SHANKAR
Raj Karan – Appellant
Versus
Sudesh Bhatia – Respondent
| Table of Content |
|---|
| 1. application of order vii rule 11 cpc (Para 1 , 2 , 3) |
| 2. definition of commercial dispute (Para 4 , 5) |
| 3. existence of commercial dispute based on lease deed (Para 6 , 10) |
| 4. court's dismissal of the petition (Para 11) |
| 5. final dismissal and recognition of counsel's efforts (Para 12 , 13) |
1. The impugned order, dated 23rd April, 2022, passed by the learned District Judge (Commercial Courts), ("the learned Commercial Court") in CS (Comm) 434/2021 (Sudesh Bhatia v. Raj Karan) rejects an application, by the petitioner, as the defendant in the said suit, preferred under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC).
2. CS (Comm) 434/2021 was filed by the respondent against the petitioner as a commercial suit, under the provisions of the Commercial Courts Act, 2015. The petitioner, as the defendant in the suit, filed an application under Order VII Rule 11 of the CPC, praying that the suit be dismissed as the dispute was not a "commercial dispute" within the meaning of the Commercial Courts Act, 2015 and, consequently, the learned Commercial Court was coram non judice.
3. The said application has been rejected by the learned Commercial C
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