J U D G M E N T

1. The petitioners in the petition filed under Article 227 of the Constitution of India have approached this Court impugning the order dated 01.08.2023 passed by the Learned District Judge, Commercial Court-01, Patiala House Courts, New Delhi (hereinafter referred to as “Trial Court”) in the case “Mrs. Kanti Singh & Ors vs. M/s Lord Marks Industries Pvt. Ltd” being CS(COMM) No. 99/2022 whereby the learned Trial Court returned the plaint under Order VII Rule 10 of the Civil Procedure Code, 1908 (hereinafter referred to as “CPC”).

2. The relevant facts for the disposal of the present case are that the petitioners herein are the joint owners of the suit property bearing No.14E, Signature Not Verified Digitally Signed CM(M) 1455/2023 Page 1 of 19

14^th Floor, Hansalaya Building, 15 Barakhamba Road, New Delhi 110001.

The subject premises measures 930 sq. ft.

3. That on 13.06.2019, by way of a registered lease deed, the respondents took the said suit premises on rent. A sum of Rs.1,58,100 was consequently decided as the monthly rental amount, exclusive of taxes/levies and maintenance charges. The duration of the said lease deed was for a period of 3 years, commencing on 20.05.2019 and ending on 19.05.2022. The lease also stipulated a lock-in period of 2 years from the day of commencement to 19.05.2021. As per the Lease Deed, the lessee was required to pay the rent on the 7^th day of every month along with payment for the consumption of gas, electricity and water, as and when these payments became due as per intimation received from the concerned department. A copy of the same was to be provided to the lessor at the end of every quarter. Maintenance charges were to be paid directly to “Hansalaya Properties” on the 7^th day of every month and a copy of the same was to be furnished to the lessor. An interest free security deposit equivalent to four (04) months‟ rent i.e. Rs 6,32,400.00 was to be paid by the respondents to the petitioners. The same was completed vide RTGS transfers to the Petitioners. This amount was to be refunded at the expiry of the Lease after any adjustments/deductions for any dues owed by the respondents.

4. The respondents defaulted in payment of electricity charges, hence the petitioners herein were forced to pay a sum of Rs.67,584/ towards electricity charges up to the period of August 2019. Further, the respondents were not Signature Not Verified Digitally Signed CM(M) 1455/2023 Page 2 of 19 regular with the payment of monthly rent and defaulted in the payment of the same during the period of September 2019 to November 2019. Despite repeated reminders, the respondents failed to pay the arrears and have failed to pay the rent from November 2019.

5. On 02.01.2020, the respondents vide an email, stated that they will be vacating the suit premises on 01.02.2020. The petitioners on 07.01.2020, terminated the lease deed vide a legal notice dated the 07.01.2020. However, the respondent did not vacate the suit premises, nor did they clear the arrears due for the lock-in period.

6. Subsequently, on 12.02.2020, the petitioners filed a suit for possession, arrears of rent and mesne profits which came to be tried by Additional District and Sessions Judge-04, Patiala House Courts, Delhi (hereinafter referred as „ADJ‟). An injunction order in the same suit was passed on 31.03.2020, whereby the respondents were restrained from subletting the suit premises or creating any third-party interests therein. In the meanwhile, the case was referred to mediation, which failed.

7. On 03.12.2020, the respondents herein filed an application under Order VII Rule 10 and 10A CPC along with his written statement whereby he contended that since the suit premises was taken up for commercial purposes, only a commercial court would have jurisdiction over the said matter. Vide order dated 05.04.2021, on joint request, the learned ADJ transferred the matter to the learned Principal District and Sessions Judge, Patiala House Courts. On 28.04.2