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2023 Supreme(Jhk) 1127

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Nerve Knock Theme Parks Private Limited – Appellant
Versus
Prakash Amusement Rides and Fun World Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.P. Gupta, Mr. Anuj Burman, Advocate
For the Respondents:Mr. Shailendra Babbar, Mr. Avinash Das, Mr. Bibhash Sinha, Advocate

JUDGMENT :

Anubha Rawat Choudhary, J.

This Appeal has been filed against the order dated 14th September 2022 passed by the learned Presiding Officer, Commercial Court, Ranchi in Original Suit No. 188 of 2020 (re-numbered as Commercial Suit No. 78 of 2022) whereby the prayer for rejection of plaint filed by the respondents (hereinafter referred to as the defendants) has been allowed. The petition so allowed was numbered as Misc. Civil Application No. 317 of 2022.

2. The petition involved in the present case was filed by the defendants before the learned Commercial Court under Order VII Rule 11 of the Code of Civil Procedure (hereinafter referred to as CPC) and also under section 5 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as Act of 1996) praying for dismissal of the suit alleging that the suit was barred by law. Such prayer was made in the light of the invocation of the arbitration clause in terms of the agreement dated 12th June 2014 read with orders dated 27th October 2021 and 18th November 2021 passed by Hon’ble Delhi High Court in the arbitration pe

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