Delhi High Court - Orders
Comfort Care Systems Pvt. Ltd vs Stup Consultants Pvt. Ltd on 16 April, 2026
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(COMM) 219/2026 CM APPL. 23549/2026, CM APPL.
23550/2026
COMFORT CARE SYSTEMS PVT. LTD. .....APPELLANT
Through: Petitioner in person.
versus
STUP CONSULTANTS PVT. LTD. .....RESPONDENT
Through: None.
CORAM:
HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE
HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER
% 16.04.2026
1. Heard the petitioner who appeared in person.
2. The appellant was the original plaintiff. An application under Order VII Rule 11 of the Code of Civil Procedure, came to be moved by the respondent-defendant seeking rejection of the plaint on the ground that the issue was already settled vide settlement agreement dated 17th December, 2019, and at the time of the arbitration proceedings, the appellant was registered under the MSME Act.
3. It appears that there was an earlier round of litigation between the parties.
4. Vide impugned judgment under challenge, the plaint submitted by the appellant came to be rejected/returned vide order dated 29th May, 2025. An attempt on the part of the appellant to seek a review of the said judgment This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 21:20:18 before the learned District Judge was also turned down vide impugned order dated 28th January 2026.
5. It is the contention of the appellant that the learned Commercial Court has misapplied the provisions as regards the Order VII Rule 11, particularly when the law in regard to the registration of MSME Act has already undergone a change and the settlement agreement dated 17th December 2019 was already under a cloud.
6. That being so, issue notice to the respondent through all permissible modes, returnable before this Court on 24th August, 2026.
7. Order be uploaded on the website of this Court.
NITIN WASUDEO SAMBRE, J AJAY DIGPAUL, J APRIL 16, 2026/sky/st This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 21:20:18