* IN THEHIGH COURTOF DELHIAT NEW DELHI Date of decision: 11^th MARCH, 2026 IN THE MATTER OF:

I.A. 13055/2025 IN + CS(COMM) 558/2023 DR K K SHRIVASTAVA .....Plaintiff Through: Mr. Shantanu Parashar, Mr. Harsh Trivedi, Mr. Rohan Malik and Mr.

Nitin Kumar, Advocates versus STAR INFRATECH PRIVATE LIMITED & ORS ......Defendants Through: Appearance not given.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

I.A. 13055/2025

1. On 21.01.2026, this Court while considering the present application being I.A. 13055/2025 filed by the Plaintiff under Order XIIIA of CPC, reserved Orders only to consider as to whether the present Suit is a commercial Suit or not.

2. Shorn of unnecessary details, the facts leading to the filing of the present Suit are as follows:-

a. Defendant Nos.2 & 3 had approached the Plaintiff for the purpose of re-construction and re-development of a property admeasuring 500 sq.

yards, situated at E-7, East of Kailash, New Delhi – 110065 [“Suit property”]

b. It is stated that, thereafter, a Collaboration Agreement dated

09.05.2018[“Collaboration Agreement”] was executed between the Plaintiff-Dr. K. K. Shrivastava and Defendant No.1- Star Infratech Private Limited, represented by D