$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 94/2025 & CM APPL. 22575/2025 (Stay) STP LIMITED .....Appellant Through: Mr. Dhruv Kumar, Mr.

Vijayender Kumar and Mr.

Maharshi Kaler, Advocates.

versus BGR ENERGY SYSTEMS LIMITED .....Respondent Through: Mr. Karan Prakash, Ms.

Deepshikha Kumar and Mr. Om Bali, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 31.10.2025

1. The present Appeal, filed under Section 13 of the Commercial Courts Act, 2015 read with Order XLIII Rule 1 and Sections 104 & 151 of the Code of Civil Procedure, 1908, assails the Correctness of the Order dated 13.02.2025, [Impugned Order] passed by the learned District Judge, Commercial Court-01, Patiala House Courts, New Delhi in case being CS(COMM.) No. 729/2022, titled “STP Limited v. BGR Energy Systems Limited”

2. Vide the said Order, the plaint of the Plaintiff [“Appellant herein”] was directed to be returned along with annexures and documents for being presented before the Court of competent jurisdiction.

3. The said order has been passed solely on the basis of exclusive jurisdiction clause contained in the invoice issued by the Appellant, and