ALOK SHARMA, J.

1. Under challenge in this Civil Misc. Appeal under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereafter ‘the Act of 2015’) is the order dated 2.11.2018 passed by the Commercial Court No. 1 (District Level), Jaipur dismissing the plaintiff-appellant’s (hereafter ‘the plaintiff’) application under Order 39 Rule 1 and 2 CPC filed with the suit for declaration and permanent injunction.

2. Necessary facts for the disposal of this appeal are that the plaintiff and the defendant- respondent (hereafter ‘the defendant’) entered into a MOU dated 9.9.2008 in the first instance for a period of five years from the date specified for installation, operation, maintenance, collection and taking free of cost/supply Dry Fly Ash generated from unit 3 and 4 of Chhabra Thermal Power Plant (CTPP) extendable by 5 years on agreed terms and conditions subject to mutual agreement on price to be charged for the dry fly ash, if the government prescribed the levy of any price.

3. Clause 2.8 and Clause 6 of the MOU dated 9.9.2008 relevant for the disposal of this appeal read as under:

“2.8 RVUN/CTPP agrees to supply