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DELHI HIGH COURT
C.HARI SHANKAR
Flick Studios Pvt. Ltd. – Appellant
Versus
Gravity Entertainment Pvt. Ltd. – Respondent
JUDGMENT
C. Hari Shankar, J. (Oral)
1. This petition under Article 227 of the Constitution of India assails orders dated 29th December, 2021 and 7th May, 2022, passed by the learned District Judge (Commercial Court) (hereinafter "the learned Commercial Court") in CS(Comm) 113/2021 (Flick Studios Pvt. Ltd. v. Gravity Entertainment Pvt. Ltd.), a summary suit preferred by the petitioner against the respondent under Order XXXVII of the Code of Civil Procedure, 1908 (CPC).
2. By order dated 28th July, 2021, the learned Commercial Court directed issuance of fresh summons to the defendant under Order XXXVII Rule 2(2) of the CPC on filing of process fee by the petitioner. Instead of filing process fee so that fresh summons could be issued, the petitioner preferred to file a review application, seeking review of the said order. The said review application stands dismissed by the learned Commercial Court vide order dated 7th May, 2022. Both these orders form the subject matter of challenge in this petition, preferred under Article 227 of the Constitution of India.
3. Given the nature of the controversy, it is not necessary to enter into the intricacies of the disputes between the part
The Court affirmed the necessity of proper service of summons and held that the failure to demonstrate adequate service justified the trial court's decision to issue fresh summons.
Failure to enter appearance in a Commercial Suit after proper summons renders allegations admitted, entitling plaintiff to a decree without need for fresh service.
The prescribed format of summons for a suit filed under Order XXXVII remains the same, whether the suit is filed as a Commercial Suit or an Ordinary Suit, and the defendant's failure to enter appeara....
The principle of deemed service and the requirement for sufficient cause in delay condonation applications are crucial in determining the validity of service of summons and the acceptance of delay co....
A petition under Article 227 of the Constitution of India is maintainable against non-appealable orders of Commercial Courts despite restrictions in the Commercial Courts Act, preserving the High Cou....
Against an order dismissing an application for condonation of delay in filing the written statement, neither an appeal nor revision petition under Section 115 of the CPC lies.
Point of Law : Petitioners want the Summons issued by the learned Trial Court to be quashed and set aside simply because in their view the Civil Suit is not maintainable and its filing is an abuse of....
The main legal point established is that the trial court must ensure proper service of summons and comply with the legal requirements for substituted service.
Unconscionable laches can bar relief in petitions under Article 227; courts will not interfere unless there are grave abuses or derelictions.
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