Neutral Citation Number 2022/DHC/005783

CM(M) 1446/2022 1

$~36

* IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Judgment delivered on: 21.12.2022

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CM(M) 1446/2022 & CM APP No. 55532/2022

XERICA WIDENING HORIZONS LLP

..... Petitioner

versus

QR PROPERTIES PRIVATE LIMITED & ORS. ..... Respondents

Advocates who appeared in this case:

For the Petitioner : Mr.Abhishek Garg and Mr.Yash, Advs.

For the Respondents :Mr.Rahul Malhotra with Mr.Ariit Dwivedi,

Advs.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

[ The proceeding has been conducted through Hybrid mode ]

1.

Exemptions are allowed, subject to all just exceptions.

CM APPL. Nos. 55533-34/2022 (seeking exemptions)

2.

The applications are disposed of.

3. Learned counsel appearing for the petitioner submits that the

petitioner moved an application under Order VII Rule 10 CPC, 1908

praying for return of the plaint to be filed in the Court of competent

CM(M) 1446/2022 & CM APP No. 55532/2022

Digitally Signed

By:VINOD KUMAR

Signing Date:23.12.2022

15:04:17

Signature Not Verified

Neutral Citation Number 2022/DHC/005783

CM(M) 1446/2022 2

jurisdiction which is the District Judge (commercial), North West, Rohini

Courts, Delhi.

4. By way of the impugned order, the learned Trial Court had agreed

with the submissions made by learned counsel for the petitioner, and

directed that the plaint with the court fees after endorsement be returned

by the plaintiff as per Rules.

5. By way of the impugned order, the learned Trial Court had further

directed the parties to appear before the learned District Judge,

Commercial Courts, North West, Rohini Courts, Delhi on 13.12.2022 at

2.00 p.m.

6. Learned counsel further submits that on 13.12.2022 when he

approached the court of the District Judge, Commercial Courts, North

West, Rohini Courts, Delhi, the suit was not listed. On enquiry, the

petitioner was relegated back to the Court of Additional District Judge

where the suit was originally pending.

7. On further enquiry, learned counsel was informed that the petitioner

would have to apply for the certified copies and after obtaining the same,

returned plaint would have to be filed before the Competent Court.

However, the certified copies are not yet prepared despite having applied

on 13.12.2022.

8. Learned counsel submits that the plaintiff is in urgent need of

immediate interim orders and this delay is causing prejudice and the

grievances of the plaintiff are increasing by the day.

Digitally Signed

By:VINOD KUMAR

Signing Date:23.12.2022

15:04:17

Signature Not Verified

Neutral Citation Number 2022/DHC/005783

CM(M) 1446/2022 3

9. After hearing the counsel for the petitioner there is no doubt that the

petitioner is in a piquant situation, in that the suit as filed was returned for

the reasons that have to be filed before the Commercial Courts and the

original court was lacking the competent jurisdiction to decide the suit.

However, the matter is not yet listed before the Commercial Courts for

adjudication.

10. In view of the peculiar situation arising in the aforesaid petition

coupled with the submissions made by learned counsel for the petitioner,

it would suffice if a direction is given to the District Judge (Commercial)

of the North West District, Rohini Courts to consider the application, if

any, filed by the petitioner ventilating their grievances and take action

in accordance with the rules & regulations as prescribed for the

Commercial Courts.

11. In view of the above, no further orders are required, petition stan