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MAHESH CHANDRA TRIPATHI, PRASANT KUMAR
New Okhla Industrial Development Authority – Appellant
Versus
Pathik Software Education Private Limited – Respondent
| Table of Content |
|---|
| 1. both appeals relate to the same judgment. (Para 1 , 2 , 4) |
| 2. factual background of the lease agreement. (Para 5 , 6) |
| 3. non-compliance led to cancellation of lease. (Para 7 , 8) |
| 4. defendant's objections regarding jurisdiction. (Para 10 , 11 , 12) |
| 5. defendant's argument on lack of compliance. (Para 14 , 20) |
| 6. commercial court's jurisdiction topics. (Para 15 , 16) |
| 7. court's findings on commercial dispute definitions. (Para 19 , 29) |
| 8. commercial courts act's implications on disputes. (Para 32 , 44) |
| 9. conclusion on jurisdiction and appeal outcomes. (Para 70 , 74) |
JUDGMENT :
1. We have heard Sri Kaushalendra Nath Singh and Sri A.B. Singhal, learned counsel for New Okhla Industrial Development Authority; Sri Vishnu Gupta, learned Senior Advocate, assisted by Mr. S.O.V.S. Chauhan, learned counsel for M/s Pathik Software Education Private Limited and Sri Shashi Nandan, learned Senior Advocate, assisted by Ms. Shreya Gupta, learned counsel for M/s Innova A.M. Tech L.L.P., Gautambuddh Nagar.
2. Both appeals arise out of common judgment and decree dated 28.3.2022 passed by
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