* 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 Defendant Nos. 2 & 3 for the re- development and re-construction of the Suit Property. The Defendants are the Developers herein.

c. For a better understanding of the case, it is necessary to reproduce the relevant portion of the Collaboration Agreement dated 09.05.2018 which reads as under:

“COLLABORATION AGREEMENT This COLLABORATION AGREEMENT is made and executed here at New Delhi on this 09^thday of May, 2018 By & Between:

Dr. K. K SHRIVASTAVA son of late Shri Brij Kishore Shrivastava resident of E-7, East of Kailash, New Delhi hereinafter referred to as the "OWNER" (which expression shall, unless repugnant and opposed to the context hereof, include him, his legal heirs, nominees, executors, successors, legal representatives, administrators and permitted assignees, etc.), of the ONE PART;

AND M/s STAR INFRATECH PRIVATE LIMITED, a Private Limited Company, duly incorporated under the Companies Act, 1956 having its registered office at E- 310, East of Kailash, New Delhi, through its Director Mr. SANDEEP SONI, duly authorized vide Resolution passed in the Meeting of the Board of Directors held on 7th May, 2018 hereinafter referred to as the "DEVELOPER" (which expression shall, unless repugnant or opposed to the context hereof, include the company, its directors, share holders, their legal heirs, successors, executors, legal representatives, administrators and permitted assignees, etc.) of the OTHER PART.

A. WHEREAS Dr. K.K. Shrivastava son of late Shri Brij Kishore Shrivastava is the owner of the Entire Plot of land bearing No. E-7,measuring 500 Square Yards, situated at East of Kailash, New Delhi110065 (hereinafter referred to as the "SAID PLOT OF LAND") and structure/building constructed thereupon, by virtue of Conveyance Deed dated 10th August, 2015 duly registered in the office of the Sub Registrar-VII, New Delhi on 10th August, 2015 as Document No. 12571 in Additional Book No. I Volume No. 5616 on Pages 29 to 31. (The PLOT OF LAND and the entire house/building constructed thereupon (together with all electrical and sanitary fittings, fixtures, wood work, covered as well as open areas, shafts, sewers, electricity and water connections and appurtenances whatsoever appurtenant thereto or enjoyed therewith shall hereinafter collectively referred to as "THE SAID PROPERTY", which expression shall include subsequent construction, re-construction, development, addition and alteration carried out or to be carried out therein subsequently.

B. AND WHEREAS the OWNER is desirous of getting the SAID PROPERTY re-constructed and redeveloped and for the purpose approached the DEVELOPER for carrying out the construction of building afresh consisting of Basement, Stilt Floor, Ground Floor, First Floor, Second Floor & Third Floor with Terrace/ Roof (The Proposed Building) o