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Abhijit Roy vs Zasha Advertising Pvt Ltd on 9 January, 2023

                           $~20.
                           *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +       RFA 3/2023
                                   ABHIJIT ROY                                          ..... Appellant
                                                      Through:        Mr. Rishi Kumar, Advocate.

                                                      versus

                                   ZASHA ADVERTISING PVT LTD                            ..... Respondent
                                                      Through:

                                   CORAM:
                                   HON'BLE MR. JUSTICE GAURANG KANTH
                                                      ORDER

% 09.01.2023 The hearing has been conducted through hybrid mode (physical and virtual hearing).

C.M. No. 619/2023 (Exemption) Application is allowed subject to all just exceptions. Application stands disposed of.

This is an application filed by the appellant seeking condonation of delay of 4 days in re-filing the appeal.

For the reasons stated in the application, the same is allowed. The delay of 4 days in re-filing the appeal is condoned.

The application stands disposed of.

RFA 3/2023 & C.M. No. 618/2023 (for stay) The appellant (the original defendant) is aggrieved by the impugned judgment and decree dated 30.07.2022 passed by learned Additional District Judge-04, South-West District, Dwarka Courts, New Delhi in suit bearing CS No. - 18/2019 titled „Zasha Advertising Pvt. Ltd. Vs. Abhijit Roy‟.

The respondent (original plaintiff) is engaged in the business of providing services of outdoor advertising, retail branding and below the line (BTL) advertising to its customers.

The appellant placed two purchase orders dated 26.05.2018 and 02.07.2018 upon the respondent for branding AC bus @ Rs. 78,000/- + GST per bus for a period of one month. The respondent completed both the works, however, the appellant failed to clear the outstanding dues qua the work carried out by the appellant. The respondent presented the security cheques for encashment, however, the said cheques were returned unpaid. In these circumstances, the respondent filed the suit for recovery against the appellant under Order XXXVII of Code of Civil Procedure, 1908. The suit filed by the respondent got decreed in his favour against which the present appeal has been preferred.

Learned counsel for the appellant submits that the transactions in question falls within the ambit of commercial dispute as envisaged in Section 2(1)(c)(i) of the Commercial Courts, Act, 2015 and as such suit filed by the respondent ought to have been tried by the Commercial Court. He further contends that the learned Trial Court failed to note that post enactment of „The Commercial Courts Act, 2015‟ any suit involving a dispute of commercial nature will be tried and decided by the Commercial RFA 3/2023 Page 2 of 3 Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:16.01.2023 17:07:48 Court alone and Civil Court will have no jurisdiction to try such suit.

The learned counsel further submits that the appellant had raised triable issues, however, the learned Trial Court wrongly interpreted the principles of law laid down by Hon‟ble Supreme Court in "IDBI Trusteeship Services Ltd. vs. Hubtown Ltd. reported as (2017) 1 SCC 568".

This matter requires consideration.

On the appellant taking steps, issue notice to the respondent through all permissible modes including electronic mode and dasti, returnable on 28.07.2023.

In the meanwhile, subject to the appellant depositing the 75 per cent of the decretal amount within six weeks with the Registrar General of this Court, there shall be a stay of the operation of the impugned judgment dated 30.07.2022.

Upon the appellant depositing the said amount, Registry is directed to keep the same in an interest bearing FDR with auto renewal facility.

In the meanwhile, Trial Court record be requisitioned.

GAURANG KANTH, J JANUARY 09, 2023 N3 RFA 3/2023 Page 3 of 3 Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:16.01.2023 17:07:48