KAPIL GOEL Vs. RAM DULARE YADAV

JUDGEMENT

(1.) The instant appeal arises out of Order dtd. 7/4/2021, passed by the learned District Judge, Commercial Court-II, Shahdara, Karkardooma Courts, Delhi, in CS (COMM) 82/2019.

(2.) CS (COMM) 82/2019 was filed by the Appellant herein/Plaintiff for recovery of Rs.27,33,433.00 from the Respondent herein/Defendant. Learned District Judge, Commercial Court-II, Shahdara, Karkardooma Courts, Delhi, vide Order impugned herein dismissed the Suit by allowing the application filed by the Respondent herein/Defendant under Order VII Rule 11(d) of the CPC on the ground of Sec. 12A of the Commercial Courts Act, 2015 (hereinafter referred to as 'the Act'), which mandates Pre-Institution Mediation.

(3.) The facts leading up to the filing of this Appeal are as under: