Dismissed

Onkar Infotech Pvt. Ltd. v. Delhi International Airport Ltd. & Ors.

Delhi HC5 Aug 2024CS(OS)/618/2024

Case brief

AI extract

What is this about?

Plaintiff sued regarding lease property; defendants objected that the dispute was commercial under the Commercial Courts Act. Plaintiff sought leave to withdraw with liberty to file a commercial suit and refund of court fee. Suit dismissed as withdrawn; court fee refunded; no opinion expressed on Section 12A eligibility.

What did the court decide?

Suit dismissed as withdrawn with liberty to file commercial suit on same cause of action; court fee refunded forthwith.

Onkar Infotech Pvt. Ltd. Vs Delhi International… — Civil Procedure and Limitation | Delhi HC (2024)

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$~24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(OS) 618/2024 ONKAR INFOTECH PVT. LTD .....Plaintiff Through: Mr.Jayant Mehta, Sr. Adv. and Mr.Dayan Krishnan, Sr. Adv. with Mr.Karan Luthra, Mr.Namen, Mr.Yogesh, Mr.Sanjeevi, Advs.

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versus

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DELHI INTERNATIONAL AIRPORT LTD. & ORS.

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.....Defendants

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Through:

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Ms.Kanika Agnihotri, Adv. for D-3. Mr.A.M.Singhvi, Sr. Adv. and Mr.Amit Sibal, Sr. Adv. with Mr.Amitabh Chaturvedi, Mr.Rishav, Mr.Ankit MOnga, Ms.Rimjhim Suhani, Advs. for D-2 and 4.

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA

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O R D E R

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% 05.08.2024

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I.A. 35508/2024 and I.A. 35509/2024 (exemption)

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Allowed, subject to all just exceptions.

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CS(OS) 618/2024 & I.A. 35507/2024

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The learned senior counsels for the defendants, who appeared on an advance notice, raised a preliminary objection that in terms of the Lease Deed, as the Suit Property is being used exclusively in Trade and Commerce, in terms of Section 2(1)(c)(vii) of the

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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 02/07/2025 at 22:40:43

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Commercial Courts Act, 2015 (in short, ‘CC Act’), the Suit raises a commercial dispute and therefore, the plaintiff could have instituted only a Commercial Suit.

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On this objection, the learned senior counsel for the plaintiff, on instructions, prays for leave to withdraw the present Suit with liberty to file a commercial Suit. He prays that the court fee which has been deposited with the present Suit be returned forthwith as the plaintiff intends to file a commercial Suit seeking urgent relief.

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The Suit is accordingly dismissed as withdrawn with liberty to the plaintiff to institute a commercial Suit on the same cause of action, if so advised. The court fee deposited by the plaintiff with the present plaint be returned to the plaintiff forthwith.

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This shall however, not be considered as an expression of opinion on the eligibility of the plaintiff to file the commercial Suit without resorting to the pre-institution mediation as required in Section 12A of the CC Act.

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NAVIN CHAWLA, J

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AUGUST 5, 2024 RN/ VS

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Click here to check corrigendum, if any

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This is a digitally signed order.

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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 02/07/2025 at 22:40:43

Onkar Infotech Pvt. Ltd. v. Delhi International Airport Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

Onkar Infotech Pvt. Ltd. v. Delhi International Airport Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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