Delhi High Court
Xerica Widening Horizons Llp vs Qr Properties Private Limited & ... on 21 December, 2022
Neutral Citation Number 2022/DHC/005783
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 21.12.2022
+ CM(M) 1446/2022 & CM APP No. 55532/2022
XERICA WIDENING HORIZONS LLP ..... Petitioner
versus
QR PROPERTIES PRIVATE LIMITED & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr.Abhishek Garg and Mr.Yash, Advs.
For the Respondents :Mr.Rahul Malhotra with Mr.Ariit Dwivedi,
Advs.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. Nos. 55533-34/2022 (seeking exemptions)
1. Exemptions are allowed, subject to all just exceptions.
2. The applications are disposed of.
CM(M) 1446/2022 & CM APP No. 55532/2022
3. Learned counsel appearing for the petitioner submits that the
petitioner moved an application under Order VII Rule 10 CPC, 1908
praying for return of the plaint to be filed in the Court of competent
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
15:04:17
Neutral Citation Number 2022/DHC/005783
jurisdiction which is the District Judge (commercial), North West, Rohini
Courts, Delhi.
4. By way of the impugned order, the learned Trial Court had agreed
with the submissions made by learned counsel for the petitioner, and
directed that the plaint with the court fees after endorsement be returned
by the plaintiff as per Rules.
5. By way of the impugned order, the learned Trial Court had further
directed the parties to appear before the learned District Judge,
Commercial Courts, North West, Rohini Courts, Delhi on 13.12.2022 at
2.00 p.m.
6. Learned counsel further submits that on 13.12.2022 when he
approached the court of the District Judge, Commercial Courts, North
West, Rohini Courts, Delhi, the suit was not listed. On enquiry, the
petitioner was relegated back to the Court of Additional District Judge
where the suit was originally pending.
7. On further enquiry, learned counsel was informed that the petitioner
would have to apply for the certified copies and after obtaining the same,
returned plaint would have to be filed before the Competent Court.
However, the certified copies are not yet prepared despite having applied
on 13.12.2022.
8. Learned counsel submits that the plaintiff is in urgent need of
immediate interim orders and this delay is causing prejudice and the
grievances of the plaintiff are increasing by the day.
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
15:04:17
Neutral Citation Number 2022/DHC/005783
9. After hearing the counsel for the petitioner there is no doubt that the
petitioner is in a piquant situation, in that the suit as filed was returned for
the reasons that have to be filed before the Commercial Courts and the
original court was lacking the competent jurisdiction to decide the suit.
However, the matter is not yet listed before the Commercial Courts for
adjudication.
10. In view of the peculiar situation arising in the aforesaid petition
coupled with the submissions made by learned counsel for the petitioner,
it would suffice if a direction is given to the District Judge (Commercial)
of the North West District, Rohini Courts to consider the application, if
any, filed by the petitioner ventilating their grievances and take action
in accordance with the rules & regulations as prescribed for the
Commercial Courts.
11. In view of the above, no further orders are required, petition stands
disposed of.
TUSHAR RAO GEDELA
(JUDGE)
DECEMBER 21, 2022
neelam
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
15:04:17
