JUDGMENT

MANOJ JAIN, J

1. This petition poses an interesting proposition.

2. The respondent herein owned one shop which was leased out to plaintiff/petitioner on 15.03.2013. Plaintiff, eventually, in light of the Covid-19 pandemic, was constrained to decide upon closure of its business operation from such leased shop. It issued notice of termination of lease and demanded refund of its security. Since, the security was not returned by the defendant/respondent, it thought of filing a commercial suit against the lessor (respondent herein) seeking recovery.

3. Before institution of suit, plaintiff, however, filed an application in terms of Section 12-A of the Commercial Courts Act , 2015 before South District Legal Services Authority, Saket (South East) Courts (in short SDLSA) on 07.04.2021. Respondent/defendant, despite due service of the notice(s) summons by SDLSA, deliberately and intentionally avoided or failed to enter their appearance before the said authority. Accordingly, such process of mediation was declared as non-starter.

4. Resultantly, a suit was filed by plaintiff.

5. After institution of the suit, the defendant filed its written statement on 05.02.2022.

6. However, things did