ASHUTOSH RAZDAN Vs. NETCOM SOFTECH PRIVATE LIMITED

JUDGEMENT

(1.) Petitioner challenges the order dtd. 3/3/2021 whereby the learned Trial Court after considering the material on record of the suit, concluded that the dispute arising in the said suit is not a commercial dispute within the meaning of Sec. 2(1) (c) of the Commercial Courts Act, 2015 (hereinafter as 'Act') and simultaneously placed the matter before the learned Principal District and Sessions Judge (South-West), Dwarka Courts, for appropriate orders on the same.

(2.) Mr. Sanjeev Kumar Sharma, learned counsel appearing for the petitioner submits that the suit pending before the learned Trial Court was originally filed as a commercial suit as defined under Sec. 2 of the Act. Learned counsel submits that while the suit was pending before the learned designated Commercial Court, upon a perusal of the record of the suit, the learned trial court came to the conclusion that the dispute arising in the said suit would not fall within the meaning of 'commercial dispute' as defined under Sec. 2(1) (c) of the Act vide the order dtd. 11/3/2020.

(3.) The petitioner challenged the aforesaid order dtd. 11/3/2020 by way of CM(M) No. 445/2020 before this Court. This Court, by way of the order dtd. 9/10/2020 and after examining the records, remitted the matter back to the learned Trial Court to pass a reasoned order. Apparently, in pursuance of the aforesaid order, the learned Trial Court passed the order impugned herein.