Manish Seth and Anr. Vs Anil Girdhar — Delhi HC (2025) — LawSathi Research

Manish Seth and Anr. Vs Anil Girdhar — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent-plaintiff permitted to withdraw C.S. No. 789/2018 with liberty to file a fresh suit under the Commercial Courts Act, 2015 on the same cause of action; court fees to be refunded; plaintiff permitted to seek the benefit of Section 14 of the Limitation Act, 1963; revision petition and pending application disposed of; civil suit dismissed as withdrawn.

Issue for consideration

Whether the revision petition against the Trial Court's order of 12.03.2025 rejecting the defendants' application under Order VII Rule 10 CPC would succeed. +1 more

Court's answer

The revision petition, together with the pending application (CM APPL. 46771/2025), was disposed of with the directions recorded.

Ratio / Principle

This Court permitted the respondent-plaintiff to withdraw the suit C.S. No. 789/2018 pending before Tis Hazari Courts, with liberty to file a fresh suit under the Commercial Courts Act, 2015 on the same cause of action.

Key takeaways

Because the suit was being withdrawn owing to an error of jurisdiction, this Court directed that the court fees be refunded, and held that the plaintiff may also seek the benefit of Section 14 of the Limitation Act, 1963.ratio¶16
The suit pending before the Civil Court stands dismissed as withdrawn.ratio¶18

Detailed headnote1 paragraphs

High Court of Delhi (Prateek Jalan, J.) — C.R.P. 224/2025 & CM APPL. 46771/2025, decided 04.12.2025. The petitioners, defendants in C.S. No. 789/2018 (Tis Hazari Courts), had challenged by revision an order of the Trial Court dated 12.03.2025 rejecting their application under Order VII Rule 10 of the Code of Civil Procedure, 1908; one of their grounds was that the suit involved a commercial dispute and should have been filed under the Commercial Courts Act, 2015. On learned counsel for the respondent-plaintiff submitting that the suit be withdrawn, the Court permitted withdrawal of C.S. No. 789/2018 with liberty to file a fresh suit under the Commercial Courts Act, 2015 on the same cause of action; since the withdrawal arose from an error of jurisdiction, the Court directed refund of the court fees and indicated that the plaintiff may seek the benefit of Section 14 of the Limitation Act, 1963. The petition and the pending application were disposed of, and the civil suit stands dismissed as withdrawn.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- C.R.P. 224/2025 & CM APPL. 46771/2025

MANISH SETH AND ANR .....Petitioners Through: Mr. Shyam Manohar, Advocate.

versus

ANIL GIRDHAR .....Respondent Through: Mr. Rajesh Bhatia, Advocate with respondent on VC.

CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 04.12.2025

The petitioners, who are the defendants in C.S. No. 789/2018, have filed this revision petition against an order of the Trial Court dated 12.03.2025, by which their application under Order VII Rule 10 of the Code of Civil Procedure, 1908, was rejected.

One of the grounds taken by the defendant was that the suit relates to a commercial dispute and, therefore, ought to have been filed under the Commercial Courts Act, 2015.

After some hearing, Mr. Rajesh Bhatia, learned counsel for the respondent–plaintiff, instructed by the respondent, who is also present via video conference, submits that the civil suit may be dismissed as withdrawn, with liberty to the plaintiff to file a suit under the Commercial Courts Act, 2015, on the same cause of action. However, he seeks refund of the court fees, as also appropriate directions with regard to limitation.

C.R.P. 224/2025 Page 1 of 2

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 08/12/2025 at 11:35:43

The respondent – plaintiff is permitted to withdraw the suit [C.S. No. 789/2018 pending before Tis Hazari Courts] with liberty to file a suit under the Commercial Courts Act, 2015, on the same cause of action. As the suit is being withdrawn due to an error of jurisdiction, the Court fees be refunded, and the plaintiff may also seek the benefit of Section 14 of the Limitation Act, 1963.

The petition, alongwith the pending application, is disposed of with these directions.

The suit before the Civil Court stands dismissed as withdrawn.

PRATEEK JALAN, J

DECEMBER 4, 2025 SS/JM/

C.R.P. 224/2025 Page 2 of 2

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 08/12/2025 at 11:35:43