AMIT WALIA Vs. SHWETA SHARMA

JUDGEMENT

(1.) The challenge in this appeal is to an order/judgment dated May 15, 2023 passed by the learned District Judge (Commercial Courts), South-East District, Saket Courts Complex, New Delhi ('learned DJ', for short) in CS (COMM) 395/2022 titled as Mr. Amit Walia v. Ms. Shweta Sharma, whereby the learned DJ while considering an application under Order VIII Rule 10 CPC filed by appellant herein, has rejected the plaint under Order VII Rule 11(d) for non-compliance of Sec. 12A of the Commercial Courts Act, 2015 ('CCA', for short).

(2.) The facts as noted from the record are, the appellant had filed the suit for recovery of Rs.1,57,50,000.00 towards arrears of rent for the period December, 2017 to September 2018 and Rs.8,63,704.00 towards interest on the arrears of rent upto September 30, 2018 at the rate of 12% per annum.

(3.) The appellant before filing the suit approached the Delhi High Court Mediation and Conciliation Centre (Samadhan) ('DHCMCC(S)', for short) for Pre-Institution Mediation. The petition was registered as petition No.51/2020. The mediation/conciliation sessions were fixed for February 20, 2020, February 24, 2020 and March 04, 2020. The defendant did not appear despite notices and therefore, the proceedings were declared non-starter. Accordingly, the non-starter report dated March 05, 2020 was filed.