Delhi High Court - Orders
Cepco Industries Private Limited vs Tewari Restaurant Private Limited on 15 December, 2022
Author: Navin Chawla
Bench: Navin Chawla
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 682/2021 & I.A. 16516/2022 & I.A. 16814/2022
CEPCO INDUSTRIES PRIVATE LIMITED ..... Plaintiff
Through: Mr.Jai Sahai Endlaw & Mr.Ashish
Kumar, Advs.
versus
TEWARI RESTAURANT PRIVATE LIMITED ..... Defendant
Through: Mr.Ankur Jain, Adv.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 15.12.2022
I.A. 17306/2022
1. The learned counsel for the defendant, placing reliance on Section 2(1)(c)(vii) of the Commercial Courts, 2015, submits that as the suit is in relation to a Lease Agreement relating to the immovable property, granted exclusively for carrying out trade and commerce, it would be a 'commercial dispute' and, therefore, triable exclusively by a Commercial Court.
2. The learned counsel for the plaintiff, on the other hand, submits that even if the above submission is to be accepted, this Court can always convert the present suit into a commercial suit, as this Court also exercises powers of a Commercial Court.
3. Prima facie, I am not in agreement with the submission made by the learned counsel for the plaintiff.
4. The learned counsel for the plaintiff prays for time to place some judgments in support of his submission.
5. List on 19th December, 2022.
NAVIN CHAWLA, J DECEMBER 15, 2022/rv Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:16.12.2022 19:16:33